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Law

What You Need To Know About No Fault Divorce

Over the past few years, the media has published many articles that put a focus on the less than harmonious and controversial splits that only lead to bitter divorces being played out on the court. Well, to suppress this habit and perhaps give the impression of a more enlightening and realistic image of divorce lawyers, the NO Fault Divorce Bill, ideally known as Richard Bacon MP’s private member’s bill seeks to bring up new grounds for divorce and separation based on the omission of the blame.

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Under the current law, people who wish to divorce need to provide a reason for separation. Most of the current reasons usually contain an element of blame, including desertion, adultery, unreasonable behaviour by one partner, separation with or without consent. Well, today one party is expected to initiate the proceedings, and the other party is supposed to agree. The No Fault Claim is implemented to prevent the apportion of blame and seeks to see an increase in the number of harmonious divorces.

In addition to the ability of couples initiating proceedings through stating, there ideally has to be a non-retrievable breakdown of the marriage, which is a one year period where both parties can consider their decision to initiate a divorce proceeding prior to signing a decree absolute.

The No Fault Timeline

Following the first reading on 13th Oct 2015, the no fault timeline was heard as a part of the new 10-minute rule, basically allowing a member of parliament to argue their case for a change or provision in under 10 minutes. The no fault timeline was then passed on December 4th in 2015 and will be now proceeding to its subsequent reading.

If passed, this bill will reflect a change in the Matrimonial Causes Act 1973 and there will be an entirely new ground for divorce proceedings. The bill is in its initial stages, with the subsequent hearing being moved from January 22nd to the 11th of March 2016. Once the bill has been debated and passed, the corresponding amendments will be done under the Civil Partnership Act 2004 in regards to divorce proceedings. After the second reading, there will be three more hearings that will take place in the House of Commons in addition to five more in the House of Lords as well as the necessary amendments before attaining Royal Assent. Due to the fact that the second hearing was delayed for over a month and a half, the existence of harmonious divorces that doesn’t apportion blame might not be approved for some time, and we will all have to wait. All in all, it certainly suggests interesting and what most people would consider as helpful and welcomed changed in the field of divorce and the domain of family law as a whole.

Child’s Best Interests

The tradition of placing fault or rather blame not only creates enormous costs for both parties and creates a substantial load on the legal system’s costs, resources and time, but it also affects over 10,000 children per year. However, the new and friendly no fault marriage dissolution method offers an ideal solution, particularly for the welfare of children by providing minimized fallout as well as the disruption and the length of the divorce proceedings.
Well, despite many arguments suggesting that the no-fault divorce system will make the proceedings faster and easier, there are others who believe that deeming the current process unhelpful and detrimental to the needs as well as the best interests of the kids is just unacceptable.

If you wish to learn more about divorce proceedings as well as family law, you can contact our team today.