Are you aware that in order to get divorced you still have to allege that the other person is at fault? also, the fault has to be specific and the facts that have to be alleged relate to -
- unreasonable behaviour
- desertion for over 2 years.
You can get divorced without these reasons if you wait two years and you both agree or you wait five years, and then you don't need consent.
I know this, as I have been a family lawyer for a long time, it is part of my DNA. However, I don't think that the general public know it fully. A person seeking a divorce will often come in and see me and say that their marriage had irretrievably broken down. Interestingly they are right, this is the legal test for a divorce, BUT it has to be supported by one of the reasons given above.
I know that one half of the couple might want to drive a stake into the heart of the other, but the divorce process is not the way to do it. Happily a lot of the people who see me, want to end their marriage as reasonably and cost effectively as possible without the need of a stake.
Having to draft a divorce petition with some strange and wonderful explanations of unreasonable behaviour or alleging adultery in places unknown with people unknown is not the way to reach a civilised divorce.
So I congratulate my professional organisation 'Resolution' and the 150 lawyers who went to Parliament to lobby their MPs. I hope it makes a difference.
Family lawyers gather in Parliament to call for No Fault Divorce