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Holbeach solicitors on divorce when no-one is to blame



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In their fortnightly 'Legal-ease' column,Mossop & Bowser solicitors of Holbeach talk us through 'no fault divorce'...

The current divorce system demands that the court has to be shown the marriage in question has “irretrievably broken down,” as well as proving one of five reasons which caused this. Unless a couple files for divorce due to separation, the remaining reasons are adultery or unreasonable behaviour – two options which can cause upset between the parties involved.

The element of blame has the effect of turning an amicable divorce process into one which is hostile. With the current position lacking a modern outlook, the UK government has decided to remove the need for blame by introducing the no-fault divorce process.

Mossop & Bowser (53850974)
Mossop & Bowser (53850974)

With a no fault divorce, couples will essentially be able to get a divorce on the basis of their marriage breaking down, without providing one of the five reasons.

A divorce is currently put into action when one of the spouses petitions against the other. No fault divorce will allow married couples to make the application together. The current provisions of divorce contains two stages: Decree Nisi and Decree Absolute. The new process will rename these stages to Conditional Order of Divorce and Final Order of Divorce. Another characteristic of these changes is there will be a minimum period of just over two and a half months from the date of application to the final order of the divorce.

The new proposed position will remove the element of contesting a divorce too. Few cases are contested, but this is usually a practice misused by spouses who wish to continue their controlling behaviour over their partners.

The no-fault divorce carries the effect of reducing conflict, allowing couples to focus on the issues involved in the process, such as financial stability and the wellbeing of any children involved.

If you have any concerns and queries about divorce, or you want to know more about no- fault divorce, contact Nick Robertshaw or Claire Bennett from our Family Law team on 01406 422651 or email info@mossops.co.uk.



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