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Divorce law for the 21st centrury
Advice

Bringing the law of divorce into the 21st Century

Wendy Campbell Wendy Campbell
2 min read

On 13th October 2015, there will be a ten minute motion on the case for introducing no fault divorce which will be debated in the House of Commons. This motion has been brought by Conservative MP Richard Bacon. Resolution – First for Family Law, the National Organisation of Family Lawyers committed to non confrontational divorce, separation and other family problems has lent its support for the debate.

So what is the current legal position regarding divorce in this country?

Well, to obtain a Divorce in England and Wales you need to demonstrate that the marriage has broken down irretrievably. However to do this you need to rely on one or more of five facts or situations. These are:

1. Adultery;

2. Unreasonable behaviour;

3. Desertion for a period of 2 years;

4. Two years separation with consent;

5. Five years separation

It should be clear from the above that unless a spouse is willing to wait for at least two years from the date of the separation then he or she must issue a divorce petition which is either based on adultery or alleging unreasonable behaviour as a reason for the breakdown of the marriage. In both of these cases it is necessary to “sling mud” at the other party as the allegations are fault based.

Lord Hale, Britain’s most senior female Judge, has recently recommended that blame should be taken out of the process and there are many who share the view of this senior Judge.

When two adults have come to a conclusion that a divorce is the only option then this ought to be sufficient to satisfy a court. As everyone who has been involved in a divorce knows, separation can be an extremely distressing process so why increase the stress by insisting on one of the parties blaming the other in a divorce petition?

There are many who feel strongly that the divorce law is out of date and ought to be brought into the 21st century as “no fault divorce” needs to become the standard means for couples to separate rather than proving that one party is responsible for the breakdown of the marriage. The law clearly needs to be changed and the motion merits support.

For advice and support on family law please contact our specialist family lawyer team on 011 3 320 5000 or by email @email.

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I moved my divorce to Teresa and Judith from another solicitor that I did not have confidence in and what a difference. Their sensitivity and understanding got me through one of the worst times of my life. Their guidance, support and knowledge through the whole drawn out process is so appreciated. Together we managed to achieve a fair settlement. Teresa and Judith absolutely know what they are doing. I cannot recommend them enough.
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Anonymous
Teresa and Judith assisted with my recent divorce and i cannot rate them highly enough, i was talked through every aspect and everything was explained in full and i was kept fully updated and imformed of everything that i needed to do and when it was required for. Their patience when i was working away and understanding was especially appreciated.Once that was all complete Amanda and Samantha and the convayensing team sorted the transfer of the house and the paperwork associated with that.I would highly recommend them and thier company for any legal issues you have and would use thier services again without hesitation.
Richard J
Hannah at Winston helped me with filing the financial issues of my divorce to the court. She liaised with my ex husband as I was at a point I could no longer speak to him. I am very grateful to Winston’s and especially Hannah.
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Wendy Campbell who delt with my devorce was polite and understanding,very pefessional.I could not have ask for a better person to help me through the bad times. Always keeping me up to date with every thing and no problem she could not handle.
Andrew
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