LEGAL EAGLE: Reforming law that will bring an end to ‘fault-based’ divorce

Official statistics several years ago showed that there were 455 online divorce applications submitted to HM Courts & Tribunals Service between Christmas Eve and New Year’s Day in 2019, with 13 of those completing the application on Christmas Day.

Whilst Christmas is usually a happy occasion for most, the festive period can cause additional pressure, both financially and emotionally, and exacerbate any pre-existing marital issues which may ultimately be the straw that broke the camel’s back in an already strained relationship.

There is only one ground for divorce in England and Wales: that the marriage has broken down irretrievably. In order to prove this, a ‘petitioner’ - this being the spouse making the application for divorce - must rely on one of the following ‘facts’:

Adultery

Unreasonable behaviour;

Desertion

2 years’ separation with the party consenting to the issue of the petition

5 years separation

This continues to be the law in England and Wales, however this will be reformed in the near future. In June 2020, the government passed the Divorce, Dissolution and Separation Act 2020 to remove the concept of a ‘fault based divorce’.

At present, if parties wish to divorce immediately, the petitioner would need to rely upon one of the fault based facts, either adultery or unreasonable behaviour. However, the good news is that the highly anticipated ‘no fault divorce’ scheme will come into play this year, meaning that it should, in theory, make a higher number of divorce cases much simpler in terms of finalising the separation.

If you believe that your marriage has irretrievably broken down and wish to issue divorce proceedings immediately, it is highly recommended that you seek legal advice before doing so. Divorce can have wide ranging implications including, but not limited to, consequences as to aspects of property, pensions and inheritance.

To discuss divorce over the winter period, do not hesitate to contact our family law solicitors in Hartlepool and we can help. Call 0333 444 4422 or make and online enquiry for free.