Time for “No Fault” Divorces?

In a highly publicised case, the Courts recently ruled that a 68 year old woman must remain married to her husband. Mr and Mrs Owens separated in 2015 and the wife issued proceedings based upon her husband’s unreasonable behaviour. The Court however felt that her reasons were “flimsy” and refused her application. The wife appealed, firstly to the Court of Appeal and then to the Supreme Court. They both held that the Judge was right to refuse the application but stated their unease at the situation. The Court of Appeal called for the introduction of no-fault divorces. As it stands, the wife now must wait until she has been separated from her husband for 5 years in order to petition without his consent.

We often see clients who have been separated less than a year who want to get divorced but they cannot find a suitable fact to rely upon. There may have been no adultery or unreasonable behaviour and the couple have simply drifted apart. In those circumstances they have to wait until they have been separated for two years (if both parties agree to the divorce) or five years if their spouse won’t agree. A recent survey found that 3 out of every 10 couples “bent the truth” about adultery or unreasonable behaviour in order to ensure their petition was accepted by the Court. More than a third said having to apportion blame in the petition increased their anguish at what is already a very difficult time.

At Burd Ward we are committed to helping you navigate a relationship breakdown in a sensitive manner. Whilst there is not yet a “no fault” divorce, our specialists can advise you on the law as it stands and guide you through all aspects of a separation.

If you are considering separating or starting divorce proceedings, it is well worth taking legal advice before you take any steps. We offer a fixed fee of £350 + VAT and disbursements for handling your divorce. There is a Court fee of £550 to pay however depending on your income you may be eligible for some relief from this. We can assist you to fill in a fee remission form which can be sent to the Court who will then assess whether you have to pay all, some or none of the Court fee.

Using a solicitor to handle your divorce gives you peace of mind to ensure that your divorce progresses as smoothly as possible. There are often issues around finances and children upon separation and our experienced family team and are able to advise and represent you through those aspects of a separation.

If you would like more information regarding divorce proceedings please contact Laura Prysor-Jones on 0151 639 8273.

Posted on September 19th, 2018 by Burd Ward