Guide to Mediation - Children
One of the biggest decisions facing couples when a relationship breaks down is what happens with the children, there are many decisions that need to be made, al..link
The Justice Secretary has confirmed that he will be bringing new legislation during parliaments’ next session that will remove the need for couples seeking divorce to specify the reason they are separating.
Under the existing act (Matrimonial Causes Act 1973) couples that wish to obtain a divorce must state one of three reasons, Adultery, Unreasonable behaviour or Separation, one of the couple must prove their partner is at fault through adultery, desertion or unreasonable behaviour, or if both sides agree, they can part after two years of separation. In the event that fault cannot be proven, applicants must wait until they have been living apart for five years.
The review ordered by the Justice Secretary carried out last year showed overwhelming support for the change.
The review follows a case brought in 2015 where the female applicant was refused a divorce because her husband refused it and had no option but to wait five years, the no-fault divorce is not a new concept, it was due to be introduced in 1996 but was repealed as it was thought to be unworkable.
It is hoped that the introduction of the reforms will end a lot of mudslinging during divorce; the idea that someone must be to blame does not foster a positive environment for the couples involved or any children.
This brings the law more in touch with modern society and away from religion.
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