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no fault divorce
No Fault Divorce Solicitors North Wales and Cheshire
With the introduction of ‘no fault’ divorce proceedings, separating couples may soon be able apply for a divorce without having to make accusations about their partner’s conduct, or face lengthy periods of separation before the marriage can be legally ended.
The family law specialists at PSR Solicitors have a breadth of experience when it comes to helping clients with their divorce and the wide-ranging issues that can arise. Every situation is different, so it is essential that you take professional advice tailored to your own particular circumstances.
We understand the personal and emotional impacts legal matters have on the whole family and we’ll work with you to find a solution that minimises the stress and financial costs.
We’ll ensure the advice you receive considers every aspect of the situation you are in and how it will impact upon your future.
Call free using the number at the top of this page or use the contact form to make an online enquiry and we’ll call you back. We are ready to help you.
What is ‘no fault divorce’?
The government is looking to fast track reforms to divorce law to bring about a new no fault divorce.
The Divorce Dissolution and Separation Bill has been supported by a large number of family lawyers in that it removes the acrimonious and adversarial system we presently have wherein to obtain a divorce one of the parties has to blame the other, or alternatively wait a number of years.
Where couples have reached a mutual decision to separate, the bill also introduces a new option allowing couples to apply for a divorce jointly.
The aim is to make the process of separation less traumatic.
Under the reforms, people will be able to seek a divorce without having to blame their spouse.
Currently, there is only one ground for divorce in England and Wales which is that the marriage has broken down irretrievably, and this must be proven one of the following facts:
- Unreasonable behaviour
- Separated for at least two years
How will the reforms change the divorce process?
Once the legislation goes through, whether both parties agree to the divorce or whether only one of them wants it, the court will only need to be notified that the marriage has broken down irretrievably.
Some of the other plans include:
- allowing couples to give notice jointly
- allowing joint applications to become sole applications (and vice versa)
- removing the ability for one person to contest a divorce
- retaining the two-stage process of decree nisi and decree absolute introducing a minimum timeframe of six months from petition to decree absolute
- modernising the language used in the divorce process
What are the benefits of the new no fault divorce system? The new system should speed the divorce process up and remove any extra hostility between the divorcing parties which can have knock on effects with their post-divorce relationship and with their children.
There has been some resistance to the reforms among some government backbenchers and religious groups based on concerns that changing the legislation would make divorce too easy, undermining the bond of marriage.
Although reforms have been pushed for for a while, the current situation with the coronavirus lockdown has led to an increasing number of divorces as families are forced to stay together in the same house for extended periods.
It has become evident that under the current system ‘no fault’ divorces take longer than ‘fault-based’ divorces as couples are forced to prove that they have lived apart for at least 2 years before they can petition for a divorce.
Many divorcing couples do not wish to exacerbate an already difficult situation by specifying details of unreasonable behaviour in their divorce petition, neither do they wish to be locked in a marriage they no longer want to be in.
No-fault divorce would effectively end the blame game and reduce acrimony in the divorce. The hope is that this will encourage a conciliatory approach which will benefit all parties involved. The current law simply ignores the emotional impact animosity between separating parents may have on the children.
The new system would speed the process up and a divorce could be granted after 6 months which would also include a 20-week reflection period.
Contact the Divorce Solicitors at PSR Today.
If you require legal advice on divorce or any area of family law, then please do not hesitate to contact our Family Law Specialist Solicitors for a free initial consultation to see if we can assist you.
Established in 2009, we have become the family solicitors of choice for clients in Wrexham, Ellesmere Port and North Wales area delivering a truly exceptional legal service within local communities.
Our friendly team will immediately put you at your ease and will explain everything in a clear straight-forward way, keeping you informed at all stages, to help minimise your stress and concern.
We offer a first, free consultation over the phone or in-person with no-obligation, with our Divorce Solicitors in Wrexham, Rhyl, Colwyn Bay, Shotton (Deeside) and in Cheshire (Ellesmere Port). You can contact us today, safe in the knowledge that one of our dedicated Divorce Solicitors will handle your case with care and attention to detail.
We regularly act for clients getting a divorce across North Wales, Cheshire, Merseyside, and Liverpool. As recognised divorce law experts we can support your needs wherever you live in Wales, England & Northern Ireland.
We will respond to any query within one hour of normal office hours, or the next working day if you contact us during the evening or at the
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