New Family Legislation

Post by: Paul Cooper 15/02/2019 0 comments 158 views

New legislation is being introduced that could make it easier and less painful for couples when it comes to divorce.

Breaking up is hard to do but until now the law surrounding divorcing couples has been making it much harder by effectively forcing couples into attributing blame for things not working out.

The introduction of no fault divorces will mean that couples who want to end their marriage will no longer have to attribute blame or wait years for their divorce to be finalised.

The Matrimonial Causes Act 1973 stipulates in England and Wales that a couple must either allocate blame for the breakdown of the marriage or if both couples agree, wait 2 years after separation to divorce.

If there is an absence of consent, or evidence of fault, Applicants must wait until they have been living apart for 5 years.

Critics claim that the law fuels acrimony in those already going through a difficult situation and may also encourage false allegations.

The Justice Secretary has now confirmed that this area of divorce law will be reformed.

So what does the new law mean for divorcing couples?

A no fault divorce will make a substantial difference for couples looking to divorce.  Under the current law, if you have separated for less then 2 years, then the only option for a divorce is either one party to admit adultery or their unreasonable behaviour.

Often, this means that parties are forced to use the fault based ground to seek a divorce when the separation may have otherwise been reasonably amicable.  In essence, couples are forced into a form of blame game with often exaggerated grounds to assist the Court.

No fault divorces will avoid the needs for the parties to use inflammatory grounds to seek a divorce, potentially simplifying the process and keeping their costs down.

The change will modernise the divorce process which should help protect the parties from unnecessary hostilities in resolving any related issues.

The process should become simpler, less stressful and remove any possible conflict which in turn decreases costs and allows the parties to move on without one part being blamed.

The new legislation comes as it was revealed that more than 400 people filed to divorce their spouse in the period  between Christmas Eve and New Years Eve with a significant number also making the Application on Christmas Day itself.

Help

If you would like any assistance with the process of divorce, please do not hesitate to contact any of our specialists in the family team at Boston, Lincoln, Spalding, Sleaford, Newark and Grantham.

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