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Friendly Divorce?
Justice Secretary David Gauke has announced the current law in England and Wales relating to divorce is to be changed. The reason? To help end what has been described as the “blame game”. Under the current law, one spouse has to allege the other has committed adultery or has subjected them to unreasonable behaviour for divorce proceedings to start straight away. These are often described as ‘fault based’ grounds for divorce. This is all well for the person alleging but when you look at the bigger picture, it is almost certain that this will draw an even bigger wedge between an already distanced couple. The “no-fault” divorce grounds take longer and allows time for reflection.

The government has stated that new rules will include a minimum timeframe of six months from petition stage to decree absolute – the final stage of the divorce process. In addition, there will be a new option which will allow couples to apply for a divorce jointly. The BBC’s legal correspondent has said “
fault, blame and having to prove two or five year’s separation were not seen to be helping couples move on with their lives - and that's why they are being consigned to legal history.” It is hoped that these changes will allow separating couples to part ways with less conflict arising. This is turn will reduce the emotional impact a divorce can often have on children of the family. Divorce does not have to be a lengthy “blame game” anymore and the new rules could mean that children are no longer exposed to ongoing conflict or the feeling of having to choose sides. If you require any assistance with divorce, separation or sorting out child arrangements following separation please get in touch with one of our family solicitors.

Bunsri Bhuwa