Coming to the decision that your marriage/civil partnership has come to an end is not an easy time for anyone. During this time of heightened emotion you will also be faced with the difficulties of the practicalities of the divorce procedure itself and the financial implications of the separation.
Here at PGM Solicitors we have a highly experienced family law department who appreciate that each and every client will face a unique challenge during this time. You can be confident that you will receive a service tailored to suit your needs and be assured that we will be here every step of the way to offer advice and support.
Grounds for divorce
A divorce/dissolution must be based upon the ground that the marriage/civil partnership is irretrievably broken down. Thereafter an additional fact has to be proved. The five facts on which a divorce/dissolution can be based are:
- Adultery;
- Unreasonable behaviour;
- Desertion (for a period of two years);
- Two years separation (with the consent of the other spouse);
- Five years separation (the consent of the other spouse is not required)
A dissolution of civil partnership has to be based on the same facts, apart from adultery.
The most common facts on which a divorce is based are adultery, unreasonable behaviour and two years separation. The fact of desertion is rarely used.
In both two and five year separation petitions, the Respondent can prevent the divorce being finalised until the Respondent’s financial position following the divorce has been considered by the Court.
No fault divorce – when will it come into force?
The Divorce, Dissolution and Separation Bill has finally reached the end of its parliamentary journey. However, although the ‘no fault divorce’ bill has been passed through the House of Commons, it will return to the House of Lords to consider an amendment before receiving Royal Assent. Lord Chancellor Robert Buckland has said that they are looking to work towards the bill coming into force in Autumn 2021.
What will this mean for couples wishing to divorce?
The current law states that there has to be some element of blame for one party to petition for divorce against the other, unless they have been separated for at least two years.
The introduction of a no-fault divorce system will mean that couples can petition for divorce jointly without either person being held at fault. Lawyers will be better placed to support couples to resolve matters as constructively and amicably as possible, minimising the impact on any children they may have.
For further advice, contact us on 01792 468684 or email enquiries@pgmsolicitors.co.uk
