What is a No-Fault Divorce? By Seetal Missan

As the law relating to divorces in the UK currently stands, to issue a petition for divorce, a person has to prove that their marriage has broken down irretrievably.

This can be in one of 5 ways:

A) Adultery
B) Unreasonable Behaviour
C) Two years separation by consent
D) Desertion
E) 5 years separation without consent

For most people who seek to divorce before they have separated for a period of two years, they must consider a petition based on their spouse’s unreasonable behaviour.

For a divorce upon this basis, the person must apportion blame to their spouse and provide reasons and examples for the breakdown of their marriage.

Understandably where parties have taken a decision to separate, it is a difficult time for them. It does not therefore help when one party to receives a petition blaming them for the breakdown of the marriage.

Enter reform, for there to be a no-fault divorce where parties would not have to apportion blame on one another and it would therefore make the proceedings less stressful.

No fault divorce would allow a person to file for a divorce without having to provide reasons relating to their spouse’s behaviour or apportion blame o the other party.

It recognises a person’s ability to decide that their marriage has come to an end rather than prove this to be the case.
As couples choose to enter into a marriage, they should also have the right to end that marriage if it becomes apparent that it has broken down.

This can then have an impact as to how parties go on to make arrangements for children and financial matters and will encourage separating couples to agree matters amicably.

Hopefully this will be introduced soon so watch this space…