Between the 28th November and 2nd December Resolution (formerly the Solicitors Family Law Association) are running a “Good Divorce Week”.

On the 30th November over 150 Family Justice Professionals are visiting Parliament to meet with their local MP’s.

The purpose of the visit is to talk to the MP’s about why the Government needs to allow for no fault divorce.

At present, in order to divorce, unless couples have been living apart for two years, one of them needs to apportion some form of blame, i.e. adultery or unreasonable behaviour.   This often creates conflict and makes reaching a mutually acceptable agreement much more difficult.

Resolution believe that removing blame from divorce will not make it more likely that people will separate.   It will simply make it easier for people to manage their separation with as little conflict and stress as possible and reduce the likelihood that they will end up in Court.

In 2012 there were over 72,000 divorces where adultery or unreasonable behaviour were cited.   People should not have to go through this blame charade do bring their relationship to a dignified conclusion and move on with their lives.   A civilised society deserves a civilised divorce process.

Resolution proposes a new divorce procedure, where one or both partners can give notice that the marriage has broken irretrievably.   The divorce can then proceed, and, after a period of six month, if either or both partners still think they are making the right decision, the divorce is finalised.

No fault divorce was provided for in the Family Law Act 1996 but was never enacted.

Divorce without blame will increase the chances of success of non-Court dispute resolution processes as it immediately puts both parties on a level footing.   This will reduce the burden on the Family Court and help Government to meet their aim for more people to resolve their problems outside of the Court.

Many other countries around the world, including Australia, the United States and Spain allow for divorce without blame.

If you require advice in relation to divorce proceedings please contact one of our Family Law Team at Boston, Lincoln, Grantham, Sleaford, Newark or Spalding.

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