ITV Tonight featured a programme last night regarding the current divorce laws and exploring whether there should be amendments.
Currently, the law is such that a Petition for divorce can be issued on the basis of adultery, unreasonable behaviour or for a period of separation to have passed (either two years with consent or five years).
ITV explored whether having to wait for a period of time to pass or having to blame one spouse causes a detrimental effect on the spouses and any children.
Resolution's lobbying for a No Fault Divorce was also explored and the stories from couples who had recently divorced almost certainly added credence to the argument that the law should be changed.
Other options such as a 'Divorce Hotel' and mediation were explored but I was disappointed by the lack of reference to Collaborative Law. Collaborative Law is a great way of couples being able to work together and remain amicable throughout the process. Collaborative Lawyers are specially trained to be able to work in this way and assist couples going through a relationship breakdown.
Both myself and Caroline Frost are Collaborative Lawyers and are able to work effectively in this way.
If you are going through a separation, there are many options available to you. Please contact me for more information as to how we can help:
t: 01722 446246
On the face of it, it seems astonishing that even though marriage has undergone unprecedented change in the last 50 years - the fundamental laws which govern how it comes to an end haven’t changed since 1973. At the moment, the only way you can get a quick divorce in England and Wales (Scotland has already changed the rules) is by blaming or being blamed for unreasonable behavior or adultery. Otherwise, you need to wait for two years and separate in the interval. It’s this element of ‘fault’ which campaigners (including many senior judges) want to remove: they argue it unnecessarily introduces conflict in an already difficult situation.