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Today (9th April 2019) the Government announced that it is finally going to reform the outdated divorce laws and have announced that divorcing couples will no longer have to prove fault in order to get divorced.
New legislation is to be introduced that will end what the government has called an ‘unnecessary blame game’.
Currently, in order to get divorced, the law requires couples to allege adultery or unreasonable behaviour and this ‘fault’ based process can take as little as six months.
No fault divorce can take much longer – couples have to prove they have been living separately for up to two years. If their spouse contests the divorce this can take over five years.
Andrew Robinson, Director and Head of Family Law at Fishers is delighted at this announcement.
“The removal of blame from the divorce process is long-overdue and much needed. In my view, only those who haven’t been through a Divorce or had close involvement with the process (either personally or professionally) could possibly try and justify the existing rules as helpful.”
He went on to comment “Forcing couples to ‘invent’ a reason to divorce at a time when there are a million uncertainties in their life is counter-productive, distressing and very difficult for them to understand. The impact on their relationship and the consequent effect on the children can only be negative.”
The new rules will include a minimum time frame of six months from application to the decree absolute and will also allow couples to jointly apply for a divorce.
Andrew Robinson is a Director and Head of Family Law at Fishers Solicitors. He deals with all aspects of family work including divorce, prenuptial agreements, financial and property disputes on separation, and disputes regarding children.
Are you considering or have recently separated and want to discuss your options? For honest advice or if you would like more information or your questions answered, do not hesitate to email at: Andrew.firstname.lastname@example.org