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Posted 1 June 2018
by Aimee Aspinall

An Overview: No Fault Divorce

Divorce written in scrabble letters

The only way to legally dissolve a marriage is by way of divorce proceedings. At the moment, there is only one ground for divorce being that the marriage has broken down irretrievably which is then proved by reliance upon one of five facts.

It is not currently possible for a couple to get a divorce without one party being named at fault unless they have been separated for at least two years. For many couples, waiting this length of time to resolve any finances arising out of the separation, this is not an option. This means that one party must effectively blame the other for the breakdown of the relationship, even in circumstances where the separation has been mutually decided.

The only immediate facts available where the parties have not been separated for two or more years are adultery or unreasonable behaviour. This can often result in a lengthier and drawn out divorce process, however, as members of Resolution, the Tozers’ matrimonial team aims to avoid inflammatory language and a draft of the divorce petition will almost always be sent to the other party or their Solicitor before it is filed at Court, to avoid any nasty surprises.

As the law stands, the only “no fault” divorce options available are by being separated for two or more years. There have been calls to change the law to allow couples to separate without having to apportion blame.

If you require any further information, then please do not hesitate to contact our experienced team of family law solicitors in Exeter on 01392 207020.

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About the author

Aimee Aspinall

Associate of CILEx

Associate of CILEx in the Exeter family team