Catherine O'Hanlon, Partner - Disputes Resolution
There is a drive towards having a divorce system that offers “no fault” separations and there are a number of reasons for this.
The current system means that you have to have a reason to get divorced and these grounds are decided by the law. There are five to choose from depending on your circumstances, but the very nature of the current divorce process requires blame to be placed on one party. This does not set the tone for an amicable split, but perhaps starts the process off with a slightly adversarial feel. Having the ability to separate with a no fault divorce, could in fact result in fewer disputes.
The recently published Manifesto for Family Law by Resolution, the association of family lawyers, supports the idea of a divorce being granted after one party gives notice that the marriage is over and then waits for six months. This is a big departure from the current system where you have to wait either two years or five years depending on whether your spouse agrees with the split.
The current process also requires you to sort out the financial aspects of your separation and any issues around contact with the children before you can get divorced, but in practice this can be difficult, particularly now legal aid has been cut. Many people are completing the divorce process themselves, but cannot afford to get proper legal advice about their financial situation or their children.
This may mean living in limbo and staying married or agreeing a very poor settlement just to get out of the marriage. A no fault divorce however, could happen quickly, whilst you sort out all the financial and family affairs separately.
It remains to be seen whether the idea of a no fault divorce could go any further, but in principal it does seem to be an idea that is worth exploring.
For more information about this article or any aspect of our business and personal legal solutions, please give Catherine O’Hanlon a call on 028 9077 4500
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