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Although many family lawyers firmly believe that it is time to introduce No-Fault Divorce to the legislation we are still waiting for Parliament to do so.
At present if someone wishes to get divorced they have to prove that the marriage has irretrievably broken down. The Court will only consider an immediate divorce if the other party has committed adultery or has behaved unreasonably towards the other. The other facts for divorce involve waiting for at least 2 years and in some cases 5 years. So, if the parties simply no longer love one another and wish to move on with their lives without recrimination or blame, they are still required to set out details of either the adultery or behaviour relied upon. Naturally this can cause animosity and hostility between them when at the outset there was none.
Currently there is a case which has already gone to the Court of Appeal and we are presently waiting to hear whether or not the Supreme Court will allow a woman permission to appeal to the highest Court for a divorce on the grounds of her husband’s unreasonable behaviour which he has contested. So far the Court has decided that her grounds are too flimsy to meet the objective test as to what would a hypothetical, reasonable observer make of the allegations?
At the end of the day it takes two to make a marriage and if one party no longer wishes to be married then sooner or later they will be able to get a divorce. However, it would certainly be beneficial for the parties if they did not always have to raise either behaviour or adultery if in reality there is a case for no fault and therefore no blame.
We at Terry Jones pride ourselves on being able to help people when they most need our assistance and if you wish to discuss your family problems with one of the members of the Family Department then please call 01743 285888 or 01952 297979 to make an appointment.
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