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Separating from old law –
No-fault divorce to be introduced

Separating from old law – No-fault divorce to be introduced

Published: 5th March 2019
Area: Family
Author: Caroline Elliott

Finally, an update on where we are at with ‘no-fault’ divorce.

The news that no-fault divorces are to become law may have led to a sigh of relief for many. The decision means that couples will no longer have to agree to be separated for two years or have proof of their partner being at fault in order to file for divorce. Only one person needs to desire the divorce, and their spouse will not be able to refuse the application.

Our divorce partner Caroline Elliott tells us what this means for you:

Today’s news means that the UK is one large step closer to ending unnecessary mud-slinging and allowing couples to divorce with dignity. The Justice Secretary’s firm commitment to bring the legislation to Parliament is cause for celebration and means that for many people, separation could be far less acrimonious.

Being able to apply for a ‘no-fault’ divorce will spare couples the emotional stress and strain of finding blame for an unreasonable behaviour petition or when they can’t, or don’t want to, wait two years to divorce on the grounds of separation.

The Government has spent a significant amount of time over the past two years trying to make the divorce process simpler. It’s important that the ‘no-fault’ divorce Bill doesn’t undo that good work and add back in more complication.

It’s been a long time coming and it feels like we are nearly at the finish line. ‘No-fault’ divorces will take a huge amount of anxiety away from the process, benefitting a significant number of people.

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