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As the case of Owens v Owens reaches the Supreme Court today there are continued calls for a change in the law to allow for no fault divorce.
The law now requires one person to blame the other for the divorce unless they are prepared to wait 2 years. Even if both parties agree that the marriage is over, blame must be apportioned. Many people assume that there is an option of “irreconcilable differences” and are disappointed to learn that they need to produce details of their spouse’s unreasonable behaviour to proceed.
In 2015, 60% of divorces in England and Wales were granted on facts of adultery or unreasonable behaviour. In Scotland where the law is different, it was only 6%.
This can create conflict where there may be none and cause problems where children are involved or in dealing with financial matters. Removing the need to blame the other person will reduce conflict allowing couples to reach amicable solutions.
There have been many calls for no fault divorce to be introduced, from the legal profession and the judiciary and the case of Owens has highlighted the issue. Now is the time for change. Until then, the solicitors at Ramsdens will continue to assist you to resolve issues of family breakdown in as amicable a way as possible.
Call our family helpline on 08000 147720, send us an email
or text LAW to 67777 to book a free information session at any of our
offices. We also offer early morning and late evening appointments
across our offices.