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Legal Update: No Fault Divorce

Our People - Peter Bushell
5 August, 2020

Finally, after years of delays, divorcing couples will be able to proceed with a ‘no fault’ divorce from August 2021.

Normally, when a married couple wish to divorce, they need to either wait two years before formally beginning the process to end the marriage (separation with consent), or, instead, rely on their spouses’ unreasonable behaviour or adultery. This means that if a couple do not wish to wait two years, one has to blame the other. If adultery is not relevant, then only unreasonable behaviour can be used which means preparing a list of all the things that upset you about the marriage.

When the divorce petition is sent to your spouse, it therefore highlights either their adultery or lists their bad behaviour. It is always upsetting to read and makes a distressing situation worse.

With the introduction of ‘no-fault divorce’ in August 2021, couples will no longer have to wait two years to avoid blaming one another for the marriage failing. Many in the legal profession have been calling for no fault divorces to be implemented for years, and it is hoped that with its introduction, an already difficult process will be made slightly less painful.

If you are seeking advice in relation to divorce, please get in touch with us at GN Law on 020 8492 2290, or via email at help@gnlaw.co.uk. All information provided by you is strictly confidential. It is possible that you might be entitled to legal aid, and one of our solicitors can discuss this with you over the telephone.

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Solicitor
Peter Bushell specialises in Family Law, including divorce, children matters and resolving financial disputes in the context of divorce proceedings.

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