A recent survey carried out by Resolution highlighted the need for divorce laws to be modernised, with 90% of family lawyers believing that separating couples should be able to divorce without blame.
The concept of no-fault divorce has also been the subject of debate after 150 family lawyers and other professionals met with MPs in parliament to discuss introducing the concept to UK law.
What’s the current take on divorcing without blame?
Currently if separating couples wish to divorce within two years of the breakdown of their marriage then blame must be attributed to one spouse, either on the grounds of unreasonable behaviour or adultery.
If the separating couple wishes to divorce without blame though, then they must wait for two years before divorcing on the basis of being separated for two years.
Where the line with blame should lie
As a family lawyer, I often see situations in which a couple have simply grown apart and there is no animosity or difficulty between them; they simply want to go their separate ways as amicably as possible.
The need to blame one spouse for the breakdown of the marriage can be particularly difficult in these circumstances. Often our clients tell us that being forced to give reasons for the breakdown of the marriage causes upset and resentment, which can make proceedings all the more difficult.
A no-fault divorce would be helpful in these circumstances and would help ensure that the emotional impact of a divorce is a minimal as it can possibly be.
For additional information on no-fault divorce, or for advice on any family law matter, contact Janine Hutson by email or on 01772 258321. Harrison Drury have family solicitors based in Preston, Lancaster, Kendal, Garstang and Clitheroe.