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Divorce - where are we now?

View profile for Liz Graham
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As the law currently stands there is one ground for divorce, which is that the marriage has irretrievably broken down.  This must be supported by one of five facts:

  • Unreasonable behaviour.
  • Adultery.
  • Desertion.
  • 2 years separation by consent.
  • 5 years separation.

In order to commence divorce proceedings within the first 2 years of separation it is currently necessary for the parties to rely on the facts of unreasonable behaviour or adultery.  This often creates unnecessary conflict between the parties, which we do our best to minimise.

As of April 2022 the New Divorce, Dissolution and Separation Bill will:

  • Introduce the option for separating couples to make a joint application for divorce.
  • Remove the requirement to provide "facts" to show that the relationship has irretrievably broken down.
  • Remove the possibility to contest a divorce.

The new law will allow couples to focus on avoiding conflicts and separating amicably which should make the process less stressful, costly and time consuming.

CONTACT US

If you would like information about the above do not hesitate to contact a member of our Family law Team who would be happy to help.

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