Yes, the long awaited divorce reform has still not hit the statute books. For several years now there has been imminent hope and expectation that no fault divorce will at long last be introduced into the law of England and Wales. The UK is a long way behind other western jurisdictions in this respect.
If you haven’t waited for 2 or even 5 years since separation, you have to use the grounds of unreasonable behaviour or adultery in order to obtain a divorce from your spouse.
The excitement of Brexit, changes of governments and general elections have served to put this important piece of family law legislation on the back burner where apparently it still remains.
Family law specialists will help you draft unreasonable behaviour particulars in such a way that your petition will cross the bar legally – in other words, the allegations amount to behaviour such that it would be considered unreasonable to continue to live with the respondent – but at the same time are not so extreme and hurtful to start your matrimonial proceedings off on a really bad note. Anyone watching “The Split” (BBC1) will know how unpleasant a behaviour divorce can be.
Increasingly, petitioners are using the online divorce facility which is available in limited areas of the country and should be in general use next year, but the same legal criteria will apply. Although it is tempting to reduce costs and do it yourself, there are pitfalls, that could cause serious problems down the line.
If you have any doubts about how to draft a divorce petition, make sure that you obtain expert advice from a family lawyer.
Thursday, February 27th, 2020 Divorce