28/11/2016
Today marks the start of good divorce week, a campaign aiming to raise awareness that divorces needn’t to be acrimonious.
The initiative, which is being championed by Resolution, an organisation committed to resolving family disputes, is to highlight the idea that removing blame from divorce will not only make it easier for couples to move on, but also to enable people to go their separate ways without either having to take responsibility for the breakdown of the relationship. This, Resolution believes, will make things less stressful and will help people to manage the situation with as little conflict as possible.
Currently divorces in England and Wales can only be granted on one of five grounds: adultery; unreasonable behavior, desertion for two years or more, two years’ separation with consent or five years’ separation without the other party’s consent.
The problem with this is that couples who agree their marriage is over have to decide whether they can wait two years before divorcing or whether one of them should file on the grounds of unreasonable behavior in order to speed up the process.
Research carried out by Resolution in June 2015 showed that 52% of divorce petitions were fault-based, split between unreasonable behavior and adultery. Of these, 27% admitted the allegation of fault wasn’t true, but it was the easiest option.
Resolution is proposing an alternative divorce procedure based on one or both partners giving notice that the marriage has broken down irretrievably. After this, divorce proceedings can begin and if one or both partners still think it’s the right decision after six months, the divorce can be finalised.
Allowing couples to separate without attributing blame will enable them to resolve their problems outside courts which is far less damaging to the relationship and will help meet the government’s aim of reducing the burden on the family court, claims Resolution.
Resolution will be lobbying parliament about the issue on 30thNovember. For more information, visit http://www.resolution.org.uk/lobbyday2016
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.