No fault divorce

The passage of the legislation to introduce no fault divorce has had a bumpy ride during 2019.

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The passage of the legislation to introduce no fault divorce has had a bumpy ride during 2019.

As the law stands, there is just one 'ground' for divorce – which is that the marriage has 'irretrievably broken down'. This ground is made out by proving one of the five facts:

  • Adultery
  • Unreasonable behaviour
  • Two years separation with consent
  • Desertion
  • Five years separation without consent

The Divorce, Dissolution and Separation Bill will introduce 'no fault' divorce. The government is keen to see this on the statute books so it will probably not be too much longer before divorcing parties can bring their marriage to an end and avoid some of the acrimony that having to prove one of the five facts above has involved.

However, this will only deal with bringing the marriage to an end. Often the most difficult part of ending a relationship is dealing with the split of the property and finances between the parties. Anyone getting a divorce may still wish to take legal advice on this complex area.

To discuss this or any other family related matter, contact us.

Members: Simon Shaw, Elizabeth Rimell and Janice Leyland.
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