Published on: 16 Apr 2019
Under a proposed system, the Justice Secretary has suggested couples have the option for a “no-fault” divorce which removes some of the existing criteria.
With the new system, individuals will be able to give their partner notice of an intention to divorce, which then begins a minimum of six months for the process to take place.
Under the proposal, partners will no longer have the ability to contest the divorce, and couples can even make joint applications for a divorce.
This is a departure from the existing system that states a couple must seek a divorce on the grounds of adultery, unreasonable behaviour, desertion, or a two year separation. If one party doesn’t agree to the divorce, the couple must be separated for five years before the marriage can legally end.
The legislation to reform the system will be introduced “as soon as parliamentary time allows.”
By removing the blame game of existing divorce procedure, couples can avoid periods of distress for themselves and their children, and can potentially save thousands as they will no longer need to be pitted against each other in lengthy legal battles.
This can potentially create greater financial freedom, as individuals will no longer have to find themselves contributing hard earned savings to legal arguments. Of course, this will depend on the individual, but the new system aims to reduce the risk of amicable divorces tipping over into vindictive fury.
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