No-Fault Divorce – Divorce Law is Going to Change

Let’s face it the current divorce process is a dinosaur – it has failed to evolve with the changing needs of the modern day family. The government has finally recognised this so they are planning on changing the divorce process to allow people to divorce without having to pin ‘blame’ on one person for the breakdown of your marriage.

I have been advocating amicable divorces for some time now so this will definitely be a step in the right direction to reduce the conflict between separating couples.

What Are the Current Rules?

Currently, when you want to get divorced, you have to fill in a divorce form to explain why you want the divorce. The form lists the following 5 reasons for divorce, out of which you have to select one to explain why the marriage has permanently broken down:

1. My partner has committed adultery (had an affair) and I find it intolerable to live with them;
2. My partner’s behaviour is unreasonable, and I can’t be expected to live with them;
3. My partner has deserted me (left me for at least 2 years, without my agreement, without any good reason, to permanently end the relationship);
4. My partner and I both agree and consent to the fact that we have been separated for more than two years; or
5. We have been separated for more than five years

Once you have chosen your reason, you then have to give some extra information to explain why that reason applies to your case.

Why Do We Need a Change?

The biggest problem with the current law is that the ‘reasons’ given on the divorce form force most couples to go through a fault-based divorce where one person from the marriage must blame the other for its failure. This is because you either have to say your partner cheated or that they behaved unreasonably or that they deserted you. The only way to of going through an amicable divorce and avoiding blaming one person is by waiting 2 years (after you separate) before you start your divorce.

Now let’s face it, if you have spent months or years agonising over getting a divorce, you hardly want to spend another 2 years in limbo before you start the ball rolling with the divorce paperwork. Most people want their divorce sooner rather than later so the only real option they have is to argue over who will be made to take all the blame. There is no option to say you simply grew apart or that you no longer wish to be married. This is simply unhelpful and causes unnecessary issues. Making separating couples play the blame game has no relevance in the broader issues of a marriage breakdown such as the children or the financial settlement. It is simply asking the couple to focus on the problems rather than the solutions and creating an imbalance between them. It stirs up bad feelings and decreases the chance of people going through an amicable divorce.

The whole system is a farce because no one at the court really cares why the marriage broke up and who was to blame. They just want to make sure all the boxes are ticked, and the requirements of the law are met. In fact, when the legal advisors at court check the paperwork, they spend around 5 minutes on average on each divorce case, making sure everything is in order.  But this is of little consolation to the one being blamed for the divorce because they must live with the knowledge that there is official paperwork on court record showing that they were the one blamed for the break up. It’s true that they can also have their say when they fill in their side of the paperwork (the acknowledgment of service) but most people do not feel this is sufficient compensation knowing that no one at the court really pays any attention to what they have written unless they say they want to defend the divorce.

Having a difficult divorce system can often be the reason that causes a bad break up. If people have decided their marriage is over then they should be able to exit it with dignity and we should help them to manage the separation with a focus on the future not the past because that is what is in the interests of the family. Getting them to think about their unreasonable behaviour or adultery etc is just keeping them tied to their past and making them think about all the negativity. If the emphasis is placed on divorcing amicably, we could reduce the impact on parents and their children dramatically.

What’s Changing?

The justice secretary, David Gauke, has said that the government will bring in the new rules in the next session of parliament, which starts in May. This means we can expect the new rules to come into play in around 2020.

Once the government changes the rules, the divorce process will be much simpler because separating couples will no longer have to pick one of the court’s five reasons to explain why they want a divorce. They simply have to say their marriage has permanently broken down.

Another great aspect of the change is that once the new rules come into play couples will be able to give joint notice of their divorce – which is not possible at present. I know I have had many clients who come to me and say they know the marriage is over, but they want to do this the right way and make it as painless as possible for their children. Their idea of the ‘right way’ is that they both want to fill in the forms to say the marriage did not work and they both grew apart but it comes as a huge shock to them when they hear that they cannot do that  unless they are willing to wait 2 years. After the changes, separating couples will have this option and their divorce can run much more smoothly and more amicably.

My View

I am a big fan of amicable divorce and I fully support this change as it will make the process much easier for separating couples and their children.  My experience is that couples who, for whatever reason, have decided to separate just want to get on with it and move on with their lives. But the current laws forcing them to tick a box to point the finger means cases that should be very simple instead end up with acrimonious solicitors and get in to full-blown courtroom battles. This does not help anybody and devastates the lives of young innocent children who get caught up in the whole saga. The stress, time and expense of divorce is eye watering, and although there is still much work to be done to change the way families separate – with this change things are moving in the right direction. It should help many more separating couples to settle their divorce in a more peaceful manner without having to dig out reasons as to what went wrong.

Hopefully, this will help to reduce some of the conflicts and allow divorcing couples to focus on more important issues such as their children and financial settlements.

If you need help with your amicable divorce contact me on 07967 012 006 for a friendly chat about your options. You can also email: sl@divorceconsultants.co.uk   or complete a FREE Enquiry Form

This article is for general information purposes only and does not constitute legal advice.

“Call Sonia Limbada. Trust me. You won’t regret it.”PETER