How no fault divorce could reduce stress for families

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Although divorce has been made less stressful over the years through initiatives such as mediation, it remains a difficult and often draining process for separating couples and their families.

Resolution, an organisation which represents the family law profession, is campaigning for changes which would allow ‘no fault’ divorce.

What is ‘no fault’ divorce?

‘No fault’ divorce would allow partners who have agreed to divorce to do so without being forced to accuse each other of unreasonable behaviour.

Our team of divorce and separation solicitors support this change, as we believe it would benefit separating couples and their children by removing the need to allocate blame for the breakdown of the marriage.

How is ‘no fault’ divorce different to divorce now?

As it stands, to get a divorce in the UK you must prove that your spouse is to blame for the end of your relationship.

It is not enough to simply both agree that you want to end the marriage, which leads to the bizarre situation in some cases that amicably divorcing spouses have to decide which of them will take the blame and why.

This can prove unnecessarily stressful for both partners, and for any children living with them.

Think about it: does a process of divorce which demands one partner accuse another actually benefit anyone?

The only other alternative is to live apart and then file for divorce on the grounds of separation after two years if both partners agree, or five years if one does not.

Again, this means of divorce can be needlessly stressful for both partners and their children, leaving the whole family in marital limbo while they wait for the required time period to elapse.

Will there be a change in divorce law?

There is currently an attempt by some MPs to change the law to make divorce easier when both partners agree to it.

The suggested change is to allow couples to sign independent statements saying they agree to the divorce. A court would then grant it and, after a ‘cooling off’ period of 12 months, the divorce would be made permanent.

Chris Miller, divorce solicitor, commented:

“When couples have agreed to separate, it’s in everyone’s best interests for the divorce process to be as smooth as possible.

‘No fault’ divorce would remove significant legal roadblocks that currently add to the distress and worry of marital breakdown, and would allow many of our clients and their children to move on in their lives with less stress for everyone.”

Further information

Our specialist family solicitors can help you pursue a non-confrontational resolution to family issues. To speak to one of our expert team of family lawyers about divorce, separation or any other aspect of family law, call us on 0117 325 2929 or complete our
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