Looking to the future - could divorce be allowed without a reason?

Currently if you wish to issue divorce proceedings there needs to be a reason or ground relied upon. There are five grounds which are:

1. Adultery
2. Behaviour
3. Desertion
4. Two years separation with consent
5. Five years separation

Parties are required to use a fault based ground being adultery or behaviour if they have not been separated from each other for at least two years. This can lead to increased tension between the parties and make a once amicable separation not so amicable. It is well known that where parties are not amicable costs can increase between them and any agreement can become very difficult.

 There is more and more backing within the legal profession and the public for divorce to be allowed without a fault being relied upon. In a recent case Owens v Owens this matter was discussed as it was felt that the behaviour listed on the Divorce Petition was not deemed ‘unreasonable’ enough. It appears to be out dated and unfair to couples where their marriage has come to a natural end or where parties wish to remain as amicable as possible but they are still expected to list reasons as to why they cannot be expected to remain in the marriage. This means that couples remain married for two years to allow them to then issue proceedings on their two years separation. Parties can then not move on with their lives and finalise matters as quickly as they would like to.

 The legal profession continue to push for non fault divorce and one day this may indeed be available. Here at Holmes & Hills we believe in keeping proceedings amicable as this is in the best interest of everyone involved especially any children. Therefore if you are looking to issue divorce proceedings please come and visit one of our family solicitors who will be able to advise you. Our family solicitors are aware of what the Court requires at present and can ensure that your petition is accepted but is drafted in a way that both parties can agree upon.

 Holmes & Hills have offices in Braintree, Sudbury, Coggeshall, Halstead and Tiptree and our Solicitors can see you at any of these locations for your convenience. Please contact us to arrange an appointment.