Our divorce law was set in 1973. At that time the Parliament decided that unless a couple had been separated for at least 2 years there needed to be fault to justify a divorce.
This means that currently unless the parties have separated, a couple who have agreed to divorce need to find reasons for this. This is generally based on the adultery of one party or their unreasonable behaviour. A couple cannot simply say that they have grown apart or agreed to divorce. It can often result in scratching around to find reasons that will pass at Court, whilst not wanting to dredge up anything too painful to upset an already strained relationship.
Over 40 years on and the world has moved on. Research by the Family Law specialist group Resolution indicates that 9 out of 10 family solicitors believe there should be a no-fault divorce procedure.
However, the government have declined yet a further opportunity to introduce a no-fault divorce. This leaves Tini Owens appealing to the Court of Appeal, at no doubt significant cost, after a Judge refused her divorce after a 39 year marriage and concluded her allegations were insufficient.
At Coles we have significant experience in how to navigate the current system. We can act for you in divorce proceedings or advise you on the detail needed to obtain the Court’s approval, without upsetting the relationship with your spouse unnecessarily. If you would like to discuss the matter further please contact us on 0800 1601010 for a confidential discussion.