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Divorce and the family home
Is there such thing as a ‘no fault’ divorce? Can my ex-partner move abroad with our children?
With the recent case of Owens v Owens throwing the spotlight onto divorce procedure, many are asking whether there is
Many families now have the opportunity to move abroad to pursue the career and lifestyle advantages that such a
Divorce and fifinances
What you can do
currently such thing as a ‘no fault’ divorce.
relocation may bring. Whilst this may be the dream many
For many couples, sorting out their fifinances on divorce
Firstly, it is important that you thoroughly understand
can be complicated.The family home is usually at the
couples share for themselves and their children, when a
At this time, the one ground in England and Wales for a
your situation. I advise you fifind out the following:-
centre of this process.
relationship turns sour or breaks down altogether then the reality of one parent living abroad with the children can
divorce is that the marriage has irretrievably broken down,
How much your house is worth? A formal valuation may
which must be evidenced by one of fifive facts: unreasonable
quickly become a separated parent’s worst nightmare. At
What will happen
be needed later but start to educate yourself now about
behaviour; adultery; desertion; separation for two years with
such an emotionally fraught time, taking steps to get expert
the consent of both parties; and separation for fifive years
the local property market by researching sale and sold
Twhitehroeuatrceoansneunmt.bTehreocfloospetsitofnasc.tWtohtihcehreonbeinisgr‘ingohtfafourlt’you
prices of similar properties on your street or in close proximity to your home.
will depend on your objectives, your respective fifinancial
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currently is separation but this requires that a person wishing
positions, and practical factors such as commuting to
to divorce must wait at least two years to bring their petition
work or school.
(and only then if the other party to the marriage will consent to the divorce). Often, one or both parties to a marriage wish
If everything is agreed, your agreement should be
converted into a court order by a solicitor and approved bthyaat ojundegwe isllolatyhbatlaimt ies ofifinathl eanodthbeirndbyinpgeotinticoeniynoguervdidiveonrcceed cboymunesretahsroonuagbhle. behaviour or adultery.
to be divorced much sooner than this and will therefore agree
A property adjustment order will be made if the house is
The recent case of Owens v Owens was widely reported
being transferred into either party’s sole name.This
as an example of the unhappiness that the current divorce
sounds ideal but it is only possible if that person is able to
Who actually owns your house? If only your spouse does,
procedure can cause. Mrs Owens failed to show that her
The Family Court’s paramount concern is what will be in
prove to a lender’s satisfaction that they can take on the
you nevertheless have certain rights to occupy your
marriage to Mr Owens had irretrievably broken down due to
the child’s best interests. For the Court to allow a child to
existing mortgage and, often, afford some extra borrowing
marital home before the marriage is formally dissolved
her Husband’s unreasonable behaviour, which he challenged
be relocated to live in another country the moving parent
to “buy out” their ex-spouse.
upon divorce.Your solicitor can register these rights with
and argued that his behaviour had not been unreasonable.
must be able to demonstrate not only that the move is in
Orders for sale can also be made.The property will be
the Land Registry.This is especially important if you are
Mrs Owens must now wait until she has been separated
the child’s best interests but that they have also done their
sold and the proceeds divided in appropriate proportions,
concerned that the house could be sold or extra
from Mr Owens for 5 years before she may have a divorce
homework in terms of the practicalities, for example the
which will usually depend on the parties’ respective
borrowing secured against it without your consent.
because Mr Owens will not consent to the divorce.
Court would expect them to have a clear plan of where the children are going to be living, evidence of school places,
fifinancial needs.This would happen if you both wanted to move out or if neither party could take on the mortgage
Once you have knowledge of your situation, take legal
Whilst the Owens’ decision has brought the question of
evidence of the moving parent’s future employment, what
alone.
advice and you can then make an informed decision so
reform of divorce procedure fifirmly to the front of people’s
plan will be put into place for the child to continue to have
and tailored advice is essential.
you are not only doing what is best for you but also what
 Occasionally, a deferred order for sale or trust can be put
minds, the divorce procedure currently does not enable a
in place, enabling a party to occupy the house for a
person to petition for divorce based on ‘no fault’. It is hopeful
defifined period (e.g. until the children reach a certain age).
that reform will be effffected in the future, with a private
You usually need strong evidence to justify this because it
members bill having been submitted to the House of Lords for
restricts the other party’s ability to borrow money and
consideration and a Government consultation now underway.
ties you together fifinancially beyond divorce.
It is proposed that the current divorce procedure is reformed so that a person would be able to petition for divorce by notifying the other party that the marriage has irretrievably broken down, without having to prove the breakdown by one of the fifive facts. If the reforms are introduced then the possibility to contest a divorce is likely to be abolished.
For now, until any reforms are introduced by law, a person who wants to be divorced must still prove that their marriage has irretrievably broken down and prove one of the fifive facts to the Court rather than being able to rely on ‘no fault’.
a relationship with the non-moving parent, and so on.
is achievable. It maybe that you can then start realistic
Sometimes matters can be resolved without involving the
dialogue about the family home or if you do not feel able,
Court and getting some specialist and practical advice as
a solicitor can correspond with your spouse for you so to
early as possible should be any parent’s fifirst port of call.
settle matters how you wish.
 For an informal chat about this or any other aspect of family law, call me on 0161 828 1883.
Call us for a free initial chat or visit www.jmw.co.uk
  Gianna Lisiecki-Cunane
 Elspeth Kinder
Partner at JMW Solicitors
Joint Head of Family Law Manchester
T: 0161 828 8384
 T: 0161 828 1883
M: 07713 342 409
E: elspeth.kinder@jmw.co.uk