No fault divorce
Divorce reform has been in the news this year. Jenny Arnold, an associate in the family department at JMW Solicitors LLP, looks at the law and considers what the future might hold.
Jenny Arnold
Family solicitor, explores some of the potential problems and possible solutions
At the moment, you can get a “no-fault” divorce after two years’ separation if both parties agree to divorce or fifive years if they do not. However, the problem identifified with this is that it leaves people unable to bring their marriage to a legal end without waiting a relatively long time. Given that divorces take between 4 and 6 months to process, this period is lengthened even further.
The practical problem with the separation options is that you cannot fifinalise a fifinancial settlement and make it legally binding until your marriage is actually brought to an end, at decree absolute.A lot can change in two years plus, more so fifive. Many couples therefore fifind themselves relying on adultery or unreasonable behaviour so that they can move on with their lives sooner rather than later.
NEW LOOK
FAULT
AND FINANCES
When considering fifinancial issues, the court does not look at whether it was anyone’s fault the relationship broke down.This only comes into the process where there has been extreme behaviour such as a very severe assault or reckless fifinancial misconduct.
FAULT
AND FAMILY
There are many things we lawyers can do to minimise conflflict, including focusing on the future, being constructive, and thinking carefully about our use of language. I can’t pretend that lawyers can just wish conflflict away, but we can play our part. However, it really can undermine these efforts when we have to introduce blame in the form of a fault-based divorce petition in order to avoid keeping our clients in legal limbo.
WHAT NEXT?
In May, the Supreme Court considered the Owens appeal. Mrs Owens wanted to divorce Mr
Business
Owens on the basis of his “behaviour”.Very unusually, he disputed the facts in her divorce petition.Although the lower court agreed the marriage had in reality broken down, it couldn’t grant a divorce because Mr Owens’ “behaviour” did not reach a certain standard.This case won’t be decided until the autumn but whether or not Mrs Owens succeeds, the case has shone the spotlight on our divorce laws.The justice minister, David Gauke MP, is on record saying he fifinds himself “increasingly persuaded......... that what we have at the moment creates more antagonism than we really need”. Reform is in the air but it could yet be years away.
For an informal chat about this or any other family law question, call me on 0345 402 0001.
DISCLAIMER:
This article is intended to be of general interest and is not a substitute for legal advice.
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