No Fault Divorce

April 10, 2019

Family Services

No Fault Divorce

A less acrimonious future is in store for splitting couples as the law is reformed to encourage no-fault divorces.

Under the law as it stands there is only one reason for the breakdown of the marriage and that is the irretrievable breakdown of the marriage. There are five facts that this can be proved on: adultery, desertion, 2 years separation with both parties' consent, 5 years separation without consent and one party’s unreasonable behaviour.

Of these facts, only two can be issued immediately. These are adultery and unreasonable behaviour, meaning that if adultery has not occurred then the current law encourages parties to detail to each other their negative behaviours. These rules have drawn much criticism due to their naturally inflammatory manner, provoking parties where they may instead have settled matters amicably.

The new laws allow a party to apply for a divorce through no-fault based means, meaning that parties will not have to play the ‘blame game’ in order to proceed with a divorce. Removing conflict from proceedings greatly lowers animosity between parties, resulting in smoother negotiations and more positive futures for any children that are at risk of getting tangled up in proceedings.

At HMG Law LLP our solicitors are Resolution members who strive to reduce conflict and conclude matters in as amicable a way as possible. We offer all of our new clients a fixed fee appointment of £100 plus VAT.

Please telephone Christina Cree or Alexandra Smith at Bicester 01869 252244 or at Oxford on 01865 244661 if you require assistance with any of your family matters.

posted by Daniel McGurk | April 10 2019