Having a good divorce is largely reliant on how you and your spouse approach the divorce. Can I have a good divorce before No Fault Divorce starts?Ībsolutely! I actively encourage it. It is hoped that you will be able to start your no fault divorce in Autumn 2021 or the beginning of 2022. The government is still working on the implementation.
The recent case of Owens v Owens 2018, where Mrs Owens was not permitted to divorce her husband because her behaviour examples were considered too flimsy, highlighted how out of date the law relating to divorce is. Whilst the types of behaviour can be mild, this can sometimes not be enough to satisfy the court. This is the fact that requires you to blame your spouse. If adultery is not applicable then you must rely on behaviour. If you have not been separated for more than 2 years then you are left with two options. You must rely on one of the five following facts: The Current LawĬurrently there is one ground for divorce, the irretrievable breakdown of the marriage. For more information about starting divorce proceedings, read my article here. This is because you no longer need to worry about what you have said about your spouse in your divorce petition and how they might react. You may consider speaking to a family lawyer and/or initiating the process sooner. In my view, the change will also help if you are unsure about starting divorce proceedings. In any event, I am confident that the Act, once implemented, will reduce conflict allowing couples to agree child-focused arrangements and fair financial settlements. However, I do acknowledge, and regularly come across situations when it is necessary to take a firmer approach.
This is certainly how I prefer to act for my clients during a divorce.
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