Further steps to end to the blame game

Earlier in the year it was announced that there would be a change to divorce law to provide for a no fault system. The parliamentary process for this has now begun. The government has prepared the Divorce, Dissolution and Separation Bill and so we are a further step closer to ending the ‘blame game’ in divorce.

The office of national statistics estimates that 42% of marriages end in divorce. Currently, to obtain a divorce in England and Wales, it is necessary for one spouse to show that the marriage has irretrievably broken down. They must do so by proving one of five ‘facts’. Three of those facts depend on them having lived separately for a period of time. The remaining two facts, adultery and behaviour, rely on one spouse essentially being at fault for the breakdown of the marriage. This can often lead to unnecessary tension between the couple in dealing with what should be the most straightforward element of the divorce. Emotions can then run high when trying to resolve a financial settlement and arrangements for the children. The Bill will therefore have a huge impact in trying to reduce conflict between the couple at the start of the process. It proposes to remove the need to prove a ‘fact’ altogether and would allow for the couple to even file a joint petition for divorce if they wished. 

The Bill is due to have its report stage and third reading on a date to be announced so watch this space for further updates. 

If you are considering or have recently separated, our experienced family team at Knights plc can talk you through the divorce process and your options to help you decide how to proceed. Although the no fault system is not yet in place, we still try to deal with the divorce process as amicably as possible to avoid any unnecessary stress and tension. Contact Julia Lee on 01332 497602/07469 856077 or by email [email protected] for further information.