Can divorce be blame-free?

Under the current law in England and Wales there is no such thing as a no-fault divorce. In 1996, the Family Law Act was passed in Parliament. It was meant to replace the incumbent system with a new no-fault divorce ground that would allow parties to divorce without one party placing blame on the other for the marriage breaking down. This new law faced much criticism, with opponents claiming that it would only lead to an increase in divorce, rather than focusing on the family.  As a result, after passing the no-fault divorce proposals, Parliament then later repealed them.

As the current law stands, in order to successfully petition for divorce the petitioner must show that the marriage has irretrievably broken down and this is shown by proving one of five facts. The most common facts used by petitioners are adultery and unreasonable behaviour. These grounds for divorce are clearly fault-based and require the petitioner to provide evidence to the court such as times and dates of the alleged adulterous affair or examples of unreasonable behaviour that has caused the marriage to breakdown. If parties wish to divorce on mutual grounds they must wait a period of two continuous years in which to petition for divorce, and if there is no consent then a petitioner must wait a period of five continuous years. The other ground available is desertion of two years preceding the divorce petition.

The law of divorce can be hard to comprehend, so if you have any questions regarding divorce and the procedure involved, we can transfer you to an experienced divorce solicitor who can provide answers to your questions.

If you have any questions or would like our help in finding local divorce solicitors please call us on 0800 1777 162 or complete the web-form above.

Last Updated on 13/02/2012