Many argue that all good things come to an end and unfortunately, in many cases, this includes marriage. Previously, unless adultery, unreasonable behaviour or desertion could be proven, the only way to get divorced without the agreement of a spouse (under the 2-year separation ground) was to live separately for five years.
After many years of deliberation, divorce laws have now been re-established for the first time in 50 years, putting an end to the “blame game” for couples wishing to split amicably. The law in England and Wales changing to allow “no-fault divorce” removes the requirement of a spouse applying for divorce to either place blame on the other or demonstrate a two-year separation.
Figures from the Office for National Statistics show that divorces were down by a quarter over the last three months of 2021, this is likely because couples who were planning to divorce decided to wait to keep matters amicable.
This new legal framework is nothing but positive for spouses who wish to divorce, it means that they can divorce mutually and respectfully without the need for making allegations and matters unnecessarily becoming hostile.
Married couples will be able to start divorce proceedings without having to appropriate the blame for the breakdown of their marriage as no-fault divorce legislation comes into force in England and Wales. In addition, The Divorce, Dissolution and Separation Act (2020) also allows couples to jointly file for divorce and Under the new legislation and one spouse contesting a divorce does not stand in the way of the other filing for divorce.
The change has been welcomed by experts, legal professionals and the public who all understand that this will assist couples to move forward and secure the best outcomes, removing unnecessary conflict and tension whilst likely to also make divorce proceedings a much quicker process.
If you require assistance with divorce proceedings or any other family matter please do not hesitate to contact Emma Canham ecanham@jacksons-law.com on 01642 356500/0191 2069621.
