Latest insights from our experts

Posted 9 January 2019
by Aimee Aspinall

New Year, New You – Thinking about divorce proceedings?



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 to resolve any finances arising out of the separation, 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. We can help you to draft the allegations within the petition, as members of Resolution, the Tozers’ matrimonial team aim to avoid inflammatory language and progress matters without undue animosity.

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 and try and iron out issues such as those relating to costs.

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 and without having to wait for over two years but these changes are not yet embodied in legislation.

It pays to get the right advice – contact one of our family team for further information.

 

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About the author

Aimee Aspinall

Chartered Legal Executive

Chartered Legal Executive in the Exeter family team