‘No Fault Divorce’ One Step Closer
After many years of lawyers and divorcing parties alike questioning the necessity of 'blame' within divorce proceedings, the government has finally announced that a divorcing spouse will no longer have to rely on outdated and antiquated reasons for the breakdown of their marriage.
The government's proposed legislation, likely to be implemented in the foreseeable future, will remove the ability of a divorcing spouse to defend the divorce and the parties will be able to cite an 'irretrievable breakdown' of their marriage as the reason for their divorce. Parties will no longer have to provide evidence supporting their reasons for the breakdown of the marriage and instead will be required to provide a statement of irretrievable breakdown which will simplify and reduce hostility between divorcing parties.
The divorce process itself will remain the same with a requirement to obtain Decree Nisi and Decree Absolute but a minimum timeframe to obtain Decree Absolute will be brought in to force which will see the process take a minimum of six months.
This change can only be positive for divorcing parties, lawyers and the Court system itself. It will assist in removing hostility from the outset of proceedings which will hopefully pave the way to less animosity between the parties in children and financial proceedings. It should also assist the already oversubscribed Court system as it should make processing a petition much more efficient.
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