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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

No Fault Divorce - when does it start?

5 replies

Tillymint69 · 10/01/2019 18:25

I've seen some news articles about Divorce law being overhauled. It will bring in no fault divorce. My husband and me have recently seperated quite amicably and no one else involved. I am keen to divorce but would rather wait until new law comes in. Any legal experts here who can advise?

OP posts:
GemmaFoster · 10/01/2019 23:03

There is no time line on this, all part of legal reforms. Best option would for one to Divorce the other with some uncontested unreasonable behaviour that you write together. For example, other person not socialising with spouse, not sleeping with them, not engaging with their family. I came to this arrangement with my ex, he divorced me, fairly amicably as we both wanted it. The contents of a divorce petition are not in the public domain, and when you get through to Absolute it doesn’t even mention the reason / grounds.

Tillymint69 · 10/01/2019 23:14

Hi Gemma Foster
Thank you so much. I'll probably take your advice.

OP posts:
MissedTheBoatAgain · 11/01/2019 03:21

I am not family solicitor, but my understanding is that no fault divorce does not yet exist in UK. So sadly one has to blame the other when filing the petition.

Gemma has given the best advice. Just think of some simple examples of unreasonable behaviour that your partner will accept. Only you and your partner will ever know what the examples were.

Hope you can sort fiances amicably as if you involve courts the costs can be huge.

Good luck.

GemmaFoster · 11/01/2019 22:36

Just a word of caution here.... When you get through to applying for decree nisi, that is, after the respondent has accepted terms of divorce and signed papers etc, your file as by the UK law will go to a judge. If your examples of unreasonable behaviour aren’t enough then it may be refused. So do some internet research to make sure it’s a compelling case. Unfortunately simply falling out with each other doesn’t count under the law.

MissedTheBoatAgain · 14/01/2019 01:49

If your examples of unreasonable behaviour aren’t enough then it may be refused

If the OP's partner challenges the reasons given for unreasonable behaviour the courts can seek proof. Refer to the Owens case. If, however, the other partner accepts the petition the Courts will almost certainly allow the petition to go through.

Unfortunately simply falling out with each other doesn’t count under the law

Correct. Unlike some Countries Irreconcilable differences are not yet allowed in UK as grounds for Divorce.

Good luck. Hope both the Divorce and the Finances can be resolved amicably.

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