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Anita Swift

No Fault Divorce

A year ago Legislation was passed to enable couples wanting to divorce to issue a no fault divorce. At present anyone petitioning for a divorce has to have grounds for unreasonable behaviour, 2 years separation, adultery or desertion. The majority of couples wanting a divorce as soon as the marriage has broken down have had to rely on a petition with one party saying the party’s unreasonable behaviour led to the marriage breakdown and give examples of the behaviour. This can often make an already difficult situation even more inflamed. For many years lawyers have campaigned for a reform of the divorce law and the implementation of the “no fault” divorce will be the biggest reform of divorce law in 50 years!

The Ministry of Justice had hoped to implement the “no fault” divorce by Autumn of this year but it now looks like this ground breaking change will not take place until 6 April 2022. We will keep you updated.