Currently in order to divorce in England and Wales, you have to show that the marriage has irretrievably broken down. One of five facts can be used to prove this:
Adultery of the other person
2 years separation, with consent
5 years separation, without consent
If a couple have drifted apart and simply do not want to be married any more, they will often have to wait two years to divorce.
However, there is currently a Private Members Bill going through Parliament which could see a change to this, providing for a no fault divorce. The proposal is that if both parties agree to the divorce, they can sign to confirm this and do not have to cite any behaviour, or wait the currently required two years.
Samantha Lee, Managing Director and experienced divorce Solicitor says: “There is a focus on separation to put children first and we always look for a way for arrangements to be made which will ensure the least disruption for children. However, by then having to find blame, it can inflame an already difficult situation. A no-fault option will help put #childrenfirst and keep separating couples as amicable as possible”
The second reading of the Bill is due to take place on 4 December 2015. Watch this space for any more updates.
If you have any questions about divorce, our team are more than happy to help you. Call us today on: 023 92492967.