Following a high-profile case earlier this year and many petitions, it has been announced that the Government are preparing a consultation on the introduction of a “no fault divorce”.

Currently, under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking a divorce must either prove their spouse is at fault through adultery, desertion or unreasonable behavior, or alternatively if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.

Concerns relating to the current divorce process have been highlighted by Resolution, who have been campaigning for a number of years for the Government to focus on and make changes to the outdated and ill-fitting divorce process. The process that is offered currently can lead to conflict, and can create difficulty in reaching a mutually acceptable agreement in relation to the finances or the arrangements for the children.

Our family team experts back the consultation, as it can be clearly recognised in our client base that there is a demand for an amicable and pragmatic way forward, as offered by a “no fault” approach.

Family-focussed approaches, such as the collaborative process and mediation are offered by Lamb Brooks, and so we would welcome any changes to the divorce process that could harmonise with these methods of dispute resolution.

If you are facing divorce and would like to know more about your options and the process, please contact Laura Bell today on 01256 305507 or email laura.bell@lambbrooks.com

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.   Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.