TO obtain a divorce, at the moment, one party has to issue proceedings against the other and generally, to do that one has to be able to say that their marriage has broken down irretrievably.
One party must prove one of:
1. That the respondent (the party responding to a petition) has committed adultery and that the petitioner finds it intolerable to live with the respondent, or
2. The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent, or
3. That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition, or
4. That the parties to the marriage/civil partnership have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the Respondent consents to a decree being granted on this basis, or
5. The parties to the marriage/civil partnership have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
The present law means if parties have not lived apart for two years and if neither party has actually had an affair then they are having to look at issuing based on unreasonable behaviour. This can and does cause upset and difficulty for a lot of people who otherwise have agreed that their marriage is over. Basically, the current law often results in one couple having to attribute blame even when they do not want to, leading to unnecessary conflict.
On 30 November 2016, 150 family lawyers went to Parliament organised by Resolution, who represent 6,500 family professionals, committed to supporting couples to reach a non-confrontational resolution to family disputes.
The proposal by some is that there be a joint petition which is presented to the court and that basically there be a one-year cooling off period before the divorce is finalised. Resolution are suggesting that a divorce should be finalised within six months of one or both parties giving notice that the marriage has broken down irretrievably.
As family lawyers we want to keep disputes out of court, we want to keep conflict to a minimum and we want to be able to keep our clients costs down.
It would simply be a more amicable method of divorce if the current law were changed.
This is a very much condensed version of a longer article – if you’d like to see it in its original, un-cut form email Louise Scott at or call 0800 088 6004.
