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UK Government to Launch Consultation on “No-Fault” Divorces

September 17 2018

The UK Law currently states that anyone seeking divorce must either prove that their partner is at fault through adultery, desertion or unreasonable behaviour in order for their case to be accepted. Alternatively, if both parties agree, after two-years of separation, the divorce can be considered.

Without consent, evidence or faults, a divorce can only be considered if the couple have been separated and living apart for five years. There has been an increasing demand for the change of this law, with current statistics showing that more than half of UK marriages end in divorce.

The Tini Owens case is what has sparked discussions about change within the government law. In July, the supreme court ruled Tini was unable to escape her loveless marriage until the five-year period of living apart had elapsed. The couple haven’t cohabited since 2015.

Despite the Ministry of Justice refusing to comment on the situation, it is understood that a consultation will be published in a few months, in attempt to change the law on “no-fault” divorces.

The consultation is hoped to increase the speed and efficiency of slow divorce processes that couples face when separating from their partner with no faults or genuine reasons.

A former chair member of the family law organisation said he felt that “apportioning blame can lead to long-term damage to relationships between children and their parents and can undermine attempts to resolve matters outside of an already overstretched court system.”

There have been around 1.7 million people who have assigned blame that was unneeded in the divorce process, just so their application wouldn’t be rejected. A number that is continuing to grow every day.

Grahame Stowe-Bateson are a soliciting firm based in Leeds and the surrounding areas. We provide legal advice and representation in a variety of legal areas. From divorce and separation to wills and probate. To get in touch with a legal professional please call 0113 246 8163 or contact us here.


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