There have been recent reports that Britain's leading family law Judge, Sir Nicholas Wall, has expressed his support for a "no fault divorce" that could enable couples to obtain a divorce much quicker and without the need for one party to place blame on the other. He claimed that divorce has become an "administrative" process and that the current legislation needs updating as there should no longer be the need to establish fault in divorce cases.
The no fault divorce was previously proposed as part of the Family Law Act 1996 when it came into force but at that time, there was heavy criticism that a no fault divorce would make it too easy for couples to separate.
It could be argued that the current divorce law almost encourages one party to place blame on the other, as one party must be able to demonstrate that the marriage has irretrievably broken down by establishing one of five facts – adultery, unreasonable behaviour, desertion of two years, two years' separation or five years' separation.
Divorce doesn't have to be about blame and who did what. In many cases, it is possible to come to an amicable agreement about the divorce process which can help save time, money and emotional distress at an already very difficult time. Many people do not realise that the examples of unreasonable behaviour stated in a divorce petition do not have to be inflammatory or serious, and the examples should not be used to upset or to gain revenge on the other party. Divorce petitions which include relatively mild allegations have been accepted by the courts and there is strong evidence that taking this constructive approach will inevitably be in the best interests of the whole family involved.
Attwells can provide you with guidance in taking this conciliatory and amicable approach to your divorce proceedings. We can help you get close to the "no fault" divorce which will inevitably save you time and legal costs. We believe that if the divorce can be started amicably, it is far more likely that you will be able to reach an amicable and mutual agreement regarding financial matters and most importantly, the future arrangements for your children.
Attwells offers a free no-obligation initial appointment so that you can understand how to keep your divorce or separation as amicable as possible at no cost to you and where possible, Attwells' will provide you with affordable fixed fees solutions to obtain a divorce.
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