Divorce and Civil Partnership breakdown

One of the most radical changes in this area of law in a century is upon us – the ‘no fault’ divorce.

Due to come into force in April 2022 this new law takes into account that spouses/civil partners may simply grow apart and do not wish to blame the other person for the breakdown in the marriage. This should provide a much better platform for communication and the relationship for the parties beyond the process.

But what about in the meantime?

Unhappy couples or those who are unsure whether it is the right time to separate or divorce should consider whether relationship counselling could benefit their family. There are plenty of organisations which could assist a family in working through particular issues.

If your marriage or civil partnership has broken down beyond repair and you wish to start proceedings, then you must be able to prove this to the Court.

You must choose one of five facts:

  • Adultery (cannot be relied upon in same sex civil partnerships)
  • Unreasonable behaviour
  • Separation for 2 years with consent of the other party
  • Desertion for more than 2 years
  • Separation for more than 5 years

The first two facts are used more often than the others and it is sensible, if you are able to talk with your spouse or civil partner about which fact to use and what to say to support it.

Usually, proceedings are largely an administrative task which has recently been made much more efficient by the introduction of online divorce. There are various steps to take which include both parties at different times. Often clients are concerned that one party may oppose or make the process very difficult but please be assured that this rarely happens and there are various ways in which your divorce or dissolution can proceed.

Once Decree Absolute is pronounced, which is the end of the marriage, your legal status will change and you should therefore seek advice in relation to wills, tax and investment.

If we could invite you to access our virtual platform and complete the Introduction, that will greatly assist our understanding of your matter and the process overall.

For anything further, one of our specialists would be delighted to meet you to talk through your options and answer any questions. Please contact us at any time.