Changes to divorce law – What this means for you?

Sarah Hubery, family law solicitor at Hethertons, explains what the recent hype about the changes to the divorce laws mean, and how this can impact on you.

Currently in England and Wales, if you want to divorce you have to prove that one partner is at fault in order to start proceedings if there is no consent that both partners agree that a divorce should proceed after you have been separated for over 2 years. You need to show that a marriage has broken down “irretrievably”, through either “unreasonable behaviour”, “adultery” or several years of separation. Sarah confirms “this can be one of the most challenging parts when a spouse comes to see us to look at options for formal separation of their marriage.  It can take a party a lot of strength and courage to leave their marriage, and they hope that the process of formally separating through divorce will be simple and leave the emotional blame in the past.”

“However, unless both partners consent and they have been separated for over 2 years, this is simply impossible and we then have to explain that they need to specifically set out the exact reasons their marriage broke down, in an official document, sent to the Court. No one likes to hear about what has happened in their personal lives, particularly when they are being ‘blamed’ but to have it in writing in an official document, causes a great amount of unnecessary stress, upset and anger. Sadly this is how most divorces have to start at present.”

What’s changing?

The changes – expected to be introduced as soon as Parliamentary time allows (but don’t hold your breath!) – are summarised below:

• retaining the irretrievable breakdown of a marriage as the sole ground for divorce with parties simply providing a statement to confirm this
• retaining the two-stage legal process currently referred to as decree nisi and decree absolute
• creating the option of a joint application for divorce, alongside retaining the option for one party to initiate the process
• removing the ability to contest a divorce
• introducing a minimum timeframe of 6 months, from petition stage to final divorce (20 weeks from petition stage to decree nisi; 6 weeks from decree nisi to decree absolute).

When will this happen?

Unfortunately it is unlikely to be soon given other Parliamentary issues.  If your marriage has broken down, we would always recommend that you come in to see us to discuss matters further and your options available.  At Hethertons we are Resolution Accredited Specialists that means that we are trained to specifically assist families resolve their family disputes in the best way possible.  As Resolution states this means:

“following a strict Code of Practice, it means they will work with you, and others, to reduce the emotional and financial impact of separation. They strive to help you find the best way to resolve things for you and your family”

For further information about how we can help you please contact our family law specialist on 01904 528200