One Step Closer to No Fault Divorce
Finally, the Justice Secretary, David Gauke has confirmed that the government is to begin a consultation on introducing no fault divorce as part of a planned modernisation of divorce legislation in England and Wales.
Under a no fault divorce system, couples would have the option of commencing proceedings within two years of separation, without having to blame their spouse for the marital breakdown. Currently, if separating couples do not wish to wait two years before commencing divorce proceedings, the only options available are adultery or unreasonable behaviour.
Resolution, the national organisation for family lawyers and professionals committed to finding amicable solutions to family disputes, has fronted a long standing campaign for the introduction of no fault divorce proceedings in England and Wales. At Lupton Fawcett, all of our family law solicitors are members of Resolution. We recognise the importance of changing the current system, where couples are often forced to blame one another if they wish to speed up divorce. This can sometimes have a devastating impact in situations where we as solicitors are working hard with clients to reduce conflict and resolve cases in an amicable way.
Whilst there is still a long road ahead, this consultation is certainly a step in the right direction towards much needed reform.
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Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.