No Fault Divorce
At present, couples wishing to start divorce proceedings within the first two years of separation have to rely on one of the ‘fault-based’ facts, i.e. adultery or unreasonable behaviour. This can cause unnecessary animosity and upset for couples that have simply grown apart and don’t want to have to ‘blame’ the other party.
After years of campaigning, a bill removing fault from the divorce finally received royal consent in June . It is however anticipated that the new law will not come into effect until this Autumn
This does not however mean that that couples have to wait until then to get divorced. At Dootsons Solicitors, we are committed to taking a non-confrontational approach to divorce and have helped many couples to remain amicable throughout the process, even in cases where proceedings are issued citing unreasonable behaviour. Waiting until the new law comes into effect could however be a good idea in a situation where for example, both parties accept that the marriage has broken down but neither party will accept that it is as a result of their behaviour.
Circumstances can change over time and until a Clean Break has been achieved, couples can continue to make financial claims against each other’s income, assets and pensions, including those acquired post separation in some cases. Forming new relationships can also affect the financial aspect of the separation and it is therefore always advisable to seek advice in relation to financial matters at the earliest opportunity.
We can advise and assist you in relation to the financial aspect of the separation immediately following separation, without waiting for the divorce proceedings to start. It can take some time to gather all of the required documentation and to reach an agreement, so even if you do wish to wait until the new law comes in to get divorced, it is still advisable to take steps to try to resolve financial issues in the meantime.