There has been much debate over the years, as to whether there should be a “no fault” divorce, following one year of marriage.
Resolution members (family lawyers committed to the constructive resolution of family disputes) have been campaigning for a no fault divorce for some years.
A no fault divorce would be a divorce that does not place blame on the other spouse for the breakdown of the marriage. It should in theory prevent the animosity that can be caused by having to rely on the factor of unreasonable behaviour for those that do not wish to wait to prove the irretrievable breakdown of a marriage.
At present it is possible to get such a divorce by waiting until the expiry of 2 years separation. But why should you wait so long, especially if you want to move on with your life?
The argument against ‘no fault divorce’ is that it will be too easy to get divorced. Well…if someone wants to get divorced they will…sooner or later.
It’s not looking like there is going to be any change to the law soon. Therefore, if you wish to divorce without having to wait, if there has been no admitted adultery, then you will have no alternative but to divorce on the basis of your spouse’s unreasonable behaviour.
Having to rely on unreasonable behaviour does not have to cause such animosity. A solicitor with a sensitive approach can help you approach your divorce in a constructive and non-confrontational manner so to ensure that your divorce can proceed in an amicable way.
The Hill Dickinson family team provide comprehensive support for anybody experiencing a family dispute and we are known for our sympathetic and down to earth approach. Our aim is to work with you to achieve a fast, and if possible, amicable settlement, negotiating in a friendly fashion with the other party or their solicitor.
For some information about separation
agreements, divorce or other family law matters please contact
Tricia Cottrell.
Hill Dickinson has a wealth of experience in dealing with the full
range of family law issues. If you have any queries relating to the
above, or any other legal matter, please do not hesitate to
contact us for
advice.
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