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T
wst
The blame
game... but
when can
you divorce?
Some family law professionals are calling for the urgent introduction of ‘no-fault’ divorces. Here Rachel Barlow (right), family law specialist at Dronfield solicitors, Taylor&Emmet LLP, explains why
HAVING taken the incredibly difficult and emotional decision to end a marriage, most couples want the act of divorce to be easy and quick.
Many are surprised to find, therefore, that currently, they will only be able to do so if they can prove one of the following facts:
1. Adultery.
2. Unreasonable behaviour.
3. Desertion – your spouse left you more than two years ago.
4. You have been separated for more than two years and both agree to a divorce.
5. You have been separated for at least five years, even if your spouse does not agree to a divorce.
If you or your partner takes exception to the facts alleged against them (this usually relates to unreasonable behaviour), you have the right to defend a divorce, which can lead to extremely expensive and time-consuming court proceedings.
It can also inflame matters, when all most couples want to do is move on with their lives.
Family law professionals, like me, are calling for the urgent introduction of ‘no-fault’ divorces, following a case that ended up in the Supreme Court, known as Owens v Owens. Mrs Owens appealed a decision not to grant her a divorce because the judge felt the examples of unreasonable behaviour she provided were not sufficient.
Introduction of no-fault divorce would allow couples to end a marriage without attributing blame and bring the UK into line with countries like Australia and America.
The element of fault would be replaced with a notification system, whereby a divorce would be granted if one or both parties register that their relationship has broken down and then confirm it is still the case after a short waiting period.
Our divorce laws are more than 50 years old and changes are long overdue. Moving to a fairer, more family-focused, cost effective process would minimise arguments and conflict, whilst reducing acrimony and the subsequent impact this has on children.
To find out more about the family law services available at Taylor&Emmet in Dronfield, call into our Sheffield Road office, telephone (0114) 218 4000, visit www.tayloremmet.co.uk or follow the firm on Twitter, @tayloremmet.
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