{"id":12463,"date":"2018-05-02T21:59:10","date_gmt":"2018-05-02T20:59:10","guid":{"rendered":"https:\/\/goodmanray.com\/?p=12463"},"modified":"2025-12-17T14:12:56","modified_gmt":"2025-12-17T14:12:56","slug":"is-it-time-for-no-fault-divorce","status":"publish","type":"post","link":"https:\/\/www.goodmanray.com\/pt\/news\/2018\/05\/is-it-time-for-no-fault-divorce\/","title":{"rendered":"Is it time for No Fault Divorce?"},"content":{"rendered":"

Late last month Resolution \u2013 a family law practitioners group \u2013 met for their annual conference in Bristol. Resolution operates a code of practice which its members (including many of our solicitors here) subscribe to which promotes dealing with matters in a sensible, constructive and non-confrontational way. The conference saw a re-surface of Resolution\u2019s No Fault Divorce campaign which seeks to change the current framework for divorce in England and Wales, which some say is in desperate need of reform.<\/p>\n\n\n\n

The current legal framework for divorce in England and Wales is fault based. This means that in order for a spouse or civil partner to petition for a divorce they must satisfy one of five facts, namely:<\/p>\n\n\n\n

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  1. Adultery;<\/li>\n\n\n\n
  2. Unreasonable behaviour;<\/li>\n\n\n\n
  3. 2 years separation with consent;<\/li>\n\n\n\n
  4. 5 years separation without consent; or<\/li>\n\n\n\n
  5. Desertion.<\/li>\n<\/ol>\n\n\n\n

    Further, a petition can only be issued 1 year after the parties\u2019 marriage.<\/p>\n\n\n\n

    Other jurisdictions such as America and Spain allow spouses and civil partners to divorce without one attributing blame to the other. The system in England and Wales, which is over 50 years old, is often considered to be out of touch with modern day concepts of marriage. It is also thought to make matters more litigious and aggressive, especially where there are other proceedings related to the divorce such as financial proceedings or proceedings in respect of the children of the marriage.<\/p>\n\n\n\n

    Resolution argues that by removing the blame element \u201cthe divorce process will increase the chances of successful non-court dispute resolution, in turn reducing the burden of the family court.\u201d<\/a><\/p>\n\n\n\n

    This assertion is backed up by research undertaken by the Nuffield Trust, who found that;<\/p>\n\n\n\n