Divorce is
never easy for any family. The emotional heartache of both spouses and
children, paired with arduous legal proceedings, equals a distressing and
fraught situation for all involved.
Up until
now, the formalities of divorce required separated couples to firstly identify
a tangible reason as to why they’re seeking a divorce, and also label one of
the pair as the guilty party. Of course, if something like infidelity is
involved, then the answer is simple. However, as with most things in life, divorce
isn’t always as black and white as this. More often than not, married couples
simply fall out of love or experience marital differences and this is no one’s
fault.
This year,
Justice Secretary David Gauke announced his goal to reform the outdated fault-based
divorce law and introduce no-fault divorce legislation. As of April 2019, Gauke
formally pledged his aim to end the unnecessary blame game that so many
divorces are reduced to. The law is said to come ‘as soon as
parliamentary time allows’, but how will the new law differ from previous legislation? And what
will no-fault divorce mean for families? Below, we answer these questions so
that you can stay in the loop of changing legislation as and when it happens.
What is a no-fault divorce?
No-fault
divorce law pretty much does what it says on the tin- when an unhappy couple
files for divorce, they won’t have to prove any fault on either side and can go
their separate ways as soon as possible. Crucially, they won’t have to wait out
a painful five years of separation, which they would have had to have done
before if no ‘fault’ played a part. What’s more, in a no-fault divorce, if
either spouse objects to the divorce, the court will regard this as strong
grounds for divorce, as the couple’s irreconcilable differences will be
evident.
How were divorces handled previously?
The
Matrimonial Causes Act 1973 states that if you seek a divorce, you’ll need to
allocate the fault to one spouse as the grounds for divorce- namely, adultery,
unreasonable behaviour (such as domestic violence) or desertion. This arguably
outdated legislation also states that even if both parties agree on getting
divorced, they’ll have to wait two years until they’re legally separated. In
the instance that one spouse objects, the couple will be expected to stay
legally married for five years.
Essentially,
not only are couples forced to pin the blame on what could be a perfectly
innocent separation, but they’re also expected to continue their legal
relationship beyond filing for divorce. If they were previously amicable, these
pressures could see things turn sour, further upsetting the entire family.
What does the new law mean for families?
This change
in divorce law is hugely significant. Simply put, it makes divorce proceedings
much easier, particularly for those couples where no fault is involved.
No-fault law means that couples aren’t forced to stay together unhappily, which
not only improves the well-being of the whole family, but also eliminates the
stigma of divorce. Finally, this poignant shift in legislation should enable
couples to separate more amicably and co-parent with dignity.
If you’re seeking divorce and you’re looking for
professional, compassionate and trustworthy legal advice, look no further than
Hawley & Rodgers. Our family law solicitors will ensure that your divorce
proceedings run as smoothly as possible, so
get in touch with us today
for family legal help that you can rely on.
