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Where there’s blame,
there’s a claim… for divorce?
Not any more!

Where there’s blame, there’s a claim… for divorce? Not any more!

Published: 9th April 2019
Area: For the individual
Author: Stephanie Kyriacou

As many will be aware, the current law says that unless couples have been separated for five years without consent, or two years with consent, to obtain a divorce in this country, individuals have to make an application on the grounds of adultery or unreasonable behaviour.

According to statistics from Resolution, there are over 100,000 divorces in England and Wales each year and unreasonable behaviour applications are the most common ground pleaded.

Divorce is always hard and having to show fault most definitely raises the tensions between the couple and can hinder negotiations regarding the financial matters and the arrangements for any children of the family.

There has been a mood for family law reform within the legal industry and the general public for some time now. Resolution’s statistics also show that a whopping 71 percent of the population agrees that no fault divorce is desperately needed to protect the long-term interests of any children, protecting them from some of the hurt and upheaval which divorces can cause.

It is therefore extremely welcome news that new legislation has been announced by Justice Secretary, David Gauke, designed to overhaul divorce and reduce family conflict. This is a massive step forward for divorce law reform and it is hoped that in the very near future, couples will be able to issue a divorce application without having to ‘blame’ the other party, reducing the negative impact of conflict on the children and other family members.

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