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No fault divorce amendment proposed in Parliament

Currently there is no such thing as a ‘no fault divorce’ which means that when a marriage breaks down, the person who starts divorce proceedings has to decide which factor to issue those proceedings on. If they are not prepared to wait for a period of separation, then blame has to be laid at their partner’s door. However, sometimes the reason parties wish to get divorced is simply because they have fallen out of love with each other for various reasons and currently they have to wait until they have been separated for two years before they can get divorced in these circumstances.

However, parliament is now taking the view that couples should be allowed to apply for a ‘no fault divorce’ and on 13th October an amendment to family law was proposed, to enable this to happen. Under the amendment, both parties would be able to sign a declaration stating that their marriage had broken down irretrievably. The intention is not to make divorce easier - but to give couples the option to divorce without needing to blame each other. 

The Bill is expected to have its second reading in the House of Commons on 22nd January 2016. In the meantime, if advice is sought early enough and with the help of qualified solicitors, it is possible for couples to get divorced as amicably as possible.  If you’re thinking about getting divorced, call Lawson-West on 0116 212 1080 to speak to one of our specialist family law solicitors.

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