Divorce – Is it ‘time to end the blame game’?

Much has been written in the press of late in relation to ‘Time to end the blame game’ in regards to Divorce.

The current law governing Divorce came into force some forty-six years ago and, due to the passage of time is now outdated and therefore needs to be brought up to speed, sooner rather than later.

One burning question is whether the new Divorce Law Reforms, which will take time before they are fully operational, will lead to a spike in marriages ending.

The practicalities of obtaining a Divorce under the current law is, in general, pretty straightforward and simply a vehicle to get from A to B. The drawback is that in the absence of  Two Years’ Separation by Consent, Desertion (also for a two year period) and/ or Five Years’ Separation that does not require consent, the most used grounds for Divorce are Adultery and/ or Unreasonable Behaviour, with the latter being the most commonly used in a Divorce Petition.

A Divorce Petition issued on either Adultery or Unreasonable Behaviour means that the Petitioner can claim the Divorce costs, i.e. for work relating to the Divorce only and the Court issue fee of £550. Therefore, compared to some years ago, the current Court process for a Divorce is fairly simple, but the fact that the Petitioner has to prove grounds for Divorce can complicate matters, and there is also the ‘blame’ factor. It is therefore about time that the UK Divorce legislation is updated and the blame element is scrapped.

Will the simplified Divorce process make any difference to marrying couples? 

Barbro Zeineh CILEx who has practiced Family law for over thirty years says:

“I don’t believe that this new process will make any difference to young marrying couples, the majority of who decide to marry in order to share their lives with their partner. Life doesn’t always turn out as expected and couples can grow apart for many different reasons, but I don’t think anyone would decide on marriage on impulse just because they now know that it would be easier to Divorce, should they need to. Personally, I doubt very much that the Divorce Law Reforms will mean that more couples are marrying, because now it’s easier to Divorce. With all the cost of a wedding and the stress leading up to the big day, you have to believe in what you are doing and why. Why would any couple go through all of that on a whim.”

For further information on any aspect of Family Law please contact Barbro Zeineh on 01908 660966 or email barbro.zeineh@franklins-sols.co.uk.