Currently under the Matrimonial Causes Act 1973 there is one ground for Divorce and that is the marriage has broken down irretrievably. A Divorce Petition must be based on one of five facts:
- The unreasonable behaviour of your spouse
- The adultery of your spouse
- Two years’ desertion by your spouse
- Two years’ separation with the consent of your spouse
- Five years’ separation
Unless a couple waits two years then under the current law a couple can only get divorced if they blame the other for the irretrievable breakdown of the marriage.
The law was outdated having not changed since 1973. The procedure would often stir up conflict. The Government finally responded to calls for reform. The Divorce, Dissolution and Separation Act 2020 has been introduced and has removed the fault element of the Divorce process. The new law means a Divorce can be based solely on the basis that the marriage has broken down irretrievably. There is no longer any need to show one of the five facts set out above. This means a Divorce can be dealt with in a more amicable way.
The new No Fault Divorce law comes into force on 6 April 2022.
Look out for our next legal update ‘No Fault Divorce – everything you need to know’. If you would like advice on family matters or any other issues, please contact us to arrange a telephone/video appointment. You can call us on 01323 727321 to arrange an appointment or please fill in the form below and someone will get in touch.
Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.