New Legislation should end 'blame game' divorce
Under current Law in England and Wales even couples mutually seeking to end a marriage must, unless they have been living apart for a minimum of two years, assign blame to divorce. However divorce laws are undergoing a radical review to try to end this 'blame game' says Jessie Allen Solicitor from Brewer Harding & Rowe.
"As it stands if a couple agree that their marriage is no longer working, the only way to obtain a divorce is to assign blame, or live apart. The law states to divorce you must choose one of 5 grounds or ‘facts’. Three of these - unreasonable behaviour, adultery, and desertion, are known as 'at-fault'. Alternatively if both sides agree, they can divorce after two years of separation. The only other way to obtain a divorce without a spouse’s agreement is to live apart for five years”.
The government is proposing legislation to introduce a ‘no-fault’ divorce. This would remove the legal requirement to assign blame and document personal grievances at a time when couples are already experiencing huge emotional stress and strain. The proposed change of law, detailed in the ‘Divorce, Dissolution and Separation Bill’ is currently being debated in the House of Commons and has not yet been approved so for now the law therefore remains based upon the five above grounds.
The shake up comes following the publicity surrounding Owens v Owens case which highlighted the need for a ‘no fault’ divorce. Mrs Owens failed to satisfy the test of unreasonable behaviour and although the Judge agreed that the marriage had broken down, dismissed the divorce due to the fact the behaviour threshold had not been satisfied. The courts told her “a joyless marriage is not adequate grounds for a divorce if one spouse refuses to agree."
At Brewer Harding & Rowe our specialist family solicitors can assist you in all separation matters with the aim of keeping conflict to a minimum. For a free initial consultation call your local Brewer Harding & Rowe office. www.brewerhardingrowe.co.uk