When you just grow apart!
Can we get a divorce?
Well, of course you can. But this might not be in the way that you anticipate.
At present there is no such thing as a no-fault divorce. It is not possible to say “we have grown apart and have agreed not to be married anymore” and obtain a divorce on that basis.
The court requires that spouses live apart for 2 years or show that the other party is at fault. This can be because they have formed a new relationship or they have behaved in a way the other cannot live with.
Often this can be a means to an end rather than the real reason for the marriage breakdown.
We are awaiting a change in the law to enable the divorce to be progressed by agreement without needing to prove fault. The details are quite sketchy at present. In fact the legislation has had a rocky path having fallen when Parliament was prorogued.
It is likely that the court will require financial matters to have been resolved before the divorce progresses.
It is not clear whether the whole process will be quicker or slower overall than the current process. However, it is hoped that it takes some of the emotive issues out of the legal process.
We will keep you updated when there is more information but at present it is probably not worth waiting for the no-fault divorce and instead to ask a family specialist solicitor to progress matters with the minimum of animosity and cost.
It is likely that similar rules will apply to those in Civil Partnership seeking a dissolution.
For a confidential discussion of your needs please contact our Family Team on 0800 160 10 10.
