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No Fault Divorce Proposals

Under the Matrimonial Causes Act 1973, there is only one ground for divorce, which is that the marriage has irretrievably broken down.

This must be supported by one or more of the five facts, which includes:

The rules governing a divorce often prove burdensome for couples who wish to find a constructive outcome in separation disputes. This is because generally the most common fact relied upon is unreasonable behaviour. This requires one party to provide written comments in respect of the reasons for separation, which involves blaming the other party. As expected, this often causes acrimony between the parties.

In view of this, the family law group, Resolution, have confirmed that the law in this area needs to be modernised.

As such, Resolution have confirmed a manifesto setting out six areas of the law which it believes the government should address to assist separating couples and families in England and Wales. These include the following:

As you will see, Resolution’s manifesto sets out its vision for the family justice system and emphasises the need to protect those at risk of harm from domestic abuse. It also confirms the need to put children first, helping parents to work together in the best interests of the child.

Please note that these are only changes suggested by Resolution and have not yet come into effect as law.

If you need assistance in respect of your matrimonial affairs, whether this is in respect of issues concerning a divorce and the related financial aspects, children, injunctions or cohabitation disputes, please contact our offices on 01323 727321 to arrange an appointment.

Please note that the family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.

Our offices are located in Eastbourne, Meads, Hailsham and Polegate.

Nicholas Dennis
Nicholas Dennis
Alexandra Funnell
Alexandra Funnell
Guy Brown
Guy Brown
Carolyn Richards
Carolyn Richards
Tina Ripley
Tina Ripley