For years, family lawyers around England and Wales have been petitioning for the divorce laws in this country to change. On the 9th April 2019, the government finally announced their intentions to change the 50-year-old laws and move away from ‘the blame game.’
Under current divorce laws, if a couple wants to get divorced, their options are limited. They can either wait for a period of 2 years from separation whereupon they can file a petition for divorce with their spouse’s consent. In the absence of consent, they are forced to either wait for a period of 5 years from separation or to file a petition citing the other person’s unreasonable behaviour or adultery.
When a marriage breaks down, it is very rare that the couple will want to remain married for 2 years, let alone 5 years. As a result, ‘unreasonable behaviour’ is the most common ground relied upon by the 100,000 people filing for divorce each year.
Why do we need #ABetterWay?
Divorce is always going to be difficult but having to ‘blame’ each other for the breakdown of the marriage can increase animosity and create conflict. This outdated approach can have significant consequences for the couple, as well as any children of the family.
The new legislation, combined with the fact that couples can now file for divorce online, will make what was once an arduous task become a little easier for couples to bear. This in turn will mean they can focus their energies on communicating with one another and agreeing how they will divide the matrimonial assets. If they have children, it will also give them space to discuss how they are going to continue co-parenting after the separation.
If you need any advice or support with your relationship, please contact Gail Brooks.
To start a conversation about how we can help you to get the outcome you want
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