There are a number of myths and misconceptions about divorce law in England and Wales but I intend to speak about only one of these today. I am often asked in an initial consultation if a divorce can be based on irreconcilable differences. Sadly, the answer is no.
We do not have a straightforward ‘no fault’ divorce option in this country. There is one ground for divorce and that is the irretrievable breakdown of the marriage. To prove this breakdown, the person petitioning for the divorce must use one of 5 facts sets out in law. These are:-
- Desertion;
- Five year separation;
- Two year separation with consent of your spouse;
- Adultery; or
- Unreasonable behaviour.
The most common fact used remains unreasonable behaviour because the majority of my clients do not wish to wait for two years before finalising the breakdown of the relationship and resolving the untangling of their finances.
There is a big movement in the legal profession – amongst both Judges and Solicitors – that it would be preferable to have a ‘no fault’ divorce option. I belong to an organisation called Resolution whose aim is to promote a constructive approach to family law to reduce the conflict that arises. As part of my commitment to this, I am attending Parliament on 30th November to lobby our local MP and, hopefully, educate them about ‘no fault’ divorce.
I am aware that Parliament is concerned about being seen to make divorce easier as they do not want to undermine families and the commitment of marriage. We are, however, in a position where over 50% of marriages end in divorce and it typically takes a year (or more) to deal with the legal and financial ramifications of that breakdown. Divorce is not easy and it is certainly not quick – I will address another myth of the ‘quickie divorce’ in another blog at a later date (watch this space) but we can certainly reduce the animosity caused when one person has to read several paragraphs about their behaviour and why they are deemed to have caused the breakdown of the marriage.
I hope to have some more news to report following my lobbying day in Parliament.
To discuss any divorce, separation or related matter, don’t hesitate to contact us on
0800 999 4437.
