Still no chance for “no fault divorce” - Mark Tattersall's blog - Chivers Walsh Family Law

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Still no chance for “no fault divorce”

Published by Mark Tattersall in Court system · 20/2/2017 12:26:54

Under the current law, in the absence of a period living apart of at least two years, a spouse may only apply for divorce on the basis of their husband’s or wife’s adultery or unreasonable behaviour. This can unnecessarily raise the emotional temperature and get in the way of resolving constructively issues about children and financial issues. There has been a movement for some time to abolish the need to allege fault to obtain a divorce earlier than two years after separation. Sir James Munby, President of the Family Division, has recently said "It is not a ground for divorce if you find yourself in a wretchedly unhappy marriage – people may say it should be." A recent YouGov poll found that 69% of people polled thought that "people should be able to seek a divorce without having to show their spouse is at fault."  However, the government has now announced that it has no intention of changing the law. Many will think that the current state of the law reflects morals from a bygone age and that reform is decades overdue. Mark Tattersall, partner at Chivers Walsh Family Law.

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