No fault divorce for unhappy marriage
Advice

Latest news on the no fault divorce bill 2015-2016

Wendy Campbell Wendy Campbell
2 min read

On the 4th December 2015 there is to be a second reading of MP Richard Bacon’s Private Members Bill proposing a change to the law in relation to divorce.

Many commentators, including Judges, consider that the current law on divorce is out of date, that it has no place in modern society and has the potential of causing resentment and unnecessary upset for estranged couples who are already having a difficult time as a result of their marriage breakdown.

The current law goes back to an Act of Parliament called the Matrimonial Causes Act 1973. Under this law which dates back more than 40 years you are required to rely on one or more of the following five facts or situations in order to commence a divorce. These are:

1. Adultery

2. Unreasonable behaviour

3. Desertion for a period of two years

4. Two years’ separation with consent

5. Five years’ separation

This means that unless a spouse is willing to wait at least two years from the date of separation then he or she must pursue a petition for divorce which is either based on adultery or unreasonable behaviour as a reason for the marriage having broken down. In either of these cases it is necessary to cast blame on the other party and this can often cause upset and resentment. At a time when the Government is encouraging estranged couples to mediate over both financial and children issues in order to resolve matters amicably without the need to go to court, the Government is sending out a mixed message by not itself introducing legislation for a “no fault divorce” in order to reduce acrimony between couples who have separated.

There is therefore a very strong argument for “no fault” divorce and it is hoped that the bill will successfully get its second reading on the 4th December 2015 and then go to the committee stage. Although there is a lot of support for there being “no fault divorce” it is rare for a Private Members Bill, which is not part of the Government’s plan for legislation, to become law. However in view of the strong argument for and the merits of the law being changed we would urge the Government to get behind the push for “no fault divorce” and reform this out of date legislation.

To discuss divorce and family law please call Wendy on 0113 230 5000 or email @email

Client feedback

Outstanding Legal Support from Start to Finish:From my initial call to the resolution of my case, the firm and its staff demonstrated exceptional professionalism and care. I would particularly like to commend Mrs Harriet Reid, a family solicitor whose dedication and expertise were instrumental in achieving a successful outcome.Despite having less than ten days to prepare, Mrs Reid devoted considerable time and attention to my case. Her legal knowledge, strategic insight, and empathetic approach were of the highest calibre. She displayed remarkable skill in preparing the case for my counsel, ensuring every detail was meticulously addressed.If I ever require legal representation again, I know exactly where to turn.
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.
Anonymous
Was very satisfied with all the procedure of getting divorced was kept informed always through and explained all the legality in simple terms
Terry
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
My Divorce case was handled efficiently and with understanding by Teresa and Judith who guided me all the way through it with sympathy for the circumstances and I wouldn't hestitate to recommend them, infact I have already done so!
Elizabeth R
I have used Winstons for both family and Conveyancing and they have been 5* on both.I would highly recommend
Jacqueline
Review for Wendy – Family Law Services at Winston’s Solicitors, LeedsI recently had the pleasure of working with Wendy from Winston’s Solicitors in Leeds on a family law matter, and I cannot recommend her highly enough. From our first consultation, Wendy was incredibly professional, empathetic, and thorough in her approach. She took the time to fully understand my situation, providing clear and concise advice at every step of the process.Throughout the entire case, Wendy was always available to answer any questions I had, and she made sure I felt supported and informed. Her knowledge of family law is exceptional, and I felt confident in her ability to handle my case. She was transparent about all costs, keeping me informed of any developments along the way.What truly stood out to me was her attention to detail and her ability to navigate what was a very emotionally charged situation with sensitivity and care. Wendy was not only a skilled professional but also genuinely understanding of the emotional impact of my case, which made a huge difference during a stressful time.Thanks to Wendy’s hard work and dedication, I was able to reach a favorable outcome, and I am incredibly grateful for her support. If you are looking for a compassionate and experienced family law solicitor, I would wholeheartedly recommend Wendy at Winston’s Solicitors.
Natalie
Contact Wendy