Are you waiting for a no-fault divorce?

by Kidd Rapinet on January 28, 2019
Anna ferro

If you are waiting for a no-fault divorce, you may be waiting a while and should, therefore, take time-scale into account in deciding whether to continue to wait or take steps to proceed now.

Although the government is currently consulting on plans to change the way couples divorce in England and Wales by proposing to bring in no-fault divorce, in practical terms the prospect of no-fault divorce is still some way off.  The government consultation closed in December 2018 and a response is not expected until at least Spring 2019.

The government process at this stage is consultation only.  Given the present and immediate demands of Brexit on the UK Parliament time, if the government does decide to change the divorce laws, the new legislation which will need to be drafted and then passed may not be a top priority, making a date for such new legislation to come into force some way ahead.  As such, it may be better not to delay commencing your divorce proceedings, in particular, if for financial and practical reasons you need to move things forward.

You can still proceed with your divorce under the current rules  – provided you have been married for over one year – in a conciliatory manner.  Instructing a lawyer to assist you who is a member of Resolution and is therefore committed to dealing with your case with as little hostility as possible, should enable you to resolve your situation and legally end your marriage suitably despite the current need to cite a reason for the divorce, in the absence of a period of separation to elapse and other than just simply that the marriage as broken down irretrievably, which blames the other party for the breakdown of the marriage.

To find out more about divorce matters and for further advice, call Anna Ferro at our Aylesbury office on 01296 432541 or by email aferro@kiddrapinet.co.uk