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Will no-fault divorce ever be a reality?

View profile for Kathryn Moggs
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In its recent annual conference, national Family Law body Resolution again campaigned for the introduction of a no-fault divorce.

As it stands, couples can only get divorced if they blame one party for the breakdown of the marriage. The only grounds where divorce can be established without blame is after 2 years separation (if both parties consent) or after 5 years separation if they don’t.

This campaign comes less than a month before case Owens v Owens is heard at the Supreme Court. In Owens the Court of Appeal held that petitioner Tina Owens had not satisfied the criteria of “unreasonable behaviour” and was, therefore, not granted a Certificate of Entitlement to a divorce.  

Resolution’s national chair Margaret Heathcote has said:

It is ridiculous that, in the 21st century, Mrs Owens has had to go to the highest court in the land in order to try to get her divorce. Resolution will be at the Supreme Court next month as interveners, showing our support for Mrs Owens and countless others like her who are either trapped in a loveless marriage and unable to get on with their lives; or forced to assign blame in order to do so. It's outdated, it's unfair and it's time for things to change.”

If you need advice in relation to separation, divorce or financial settlement and would like to discuss how we can help you, please contact Kathryn Moggs in BakerLaw’s Family department at kathryn.moggs@baker-law.co.uk or call 01252 730758.

 

This article is not a definitive statement of the law. It is designed as a free update on the law at the time of publishing. It is not a substitute for legal advice on specific facts and circumstances. BakerLaw LLP and/or the writer accepts no liability or responsibility for reliance on this article and recommends that you seek independent legal advice on your specific circumstances prior to taking any steps.

 

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