No Fault Divorce

William Giles is a top family Solicitor and specialises in cases involving marriage breakdown.

On 6th April 2022 there are significant changes being made to divorce laws. These are the first major changes to divorce laws for almost fifty years.

Over the last fifty years, there has been only one ground for divorce being the irretrievable breakdown of the marriage. In order to prove that the marriage has irretrievably broken down, parties have been obliged to show that one of 5 facts exists. These are: –

1. One party has committed adultery.
2. There has been unreasonable behaviour by one party towards the other.
3. There has been desertion.
4. The parties have separated for a period in excess of 2 years and both agree to the divorce taking place.
5. The parties have been separated for 5 years.

This means having to say horrible things about the other spouse’s behaviour or alternatively to have to wait for 2 or even 5 years before being able to divorce more amicably.

From 6th April this will all change. The court are introducing a new concept called ‘non fault’ divorce.

There will be new procedures, new forms and new timetables to meet. This represents the most significant change in divorce law for almost 50 years.

Family lawyers such as Woollcombe Yonge wholeheartedly welcome this significant and progressive change. It will permit spouses whose relationship has come to an end naturally, where they have drifted apart and where the love has left the marriage, to divorce without having to make horrible and offensive allegations against the other, which ultimately causes friction and reduces the ability for spouses to have an amicable divorce.

The partner in charge of the family team, William Giles, comments: –
“I have been a fervent believer over many years of preparing Divorce Petitions that seek to cause the least upset possible pain for spouses, in order that they can maintain an amicable relationship, particularly where they will be involved in each other in the long term due to their children. It is undoubtedly the case that it is anachronistic that spouses and parents have to make these allegations against each other simply to achieve what they both want, to be divorced. My belief in dealing with divorce and separation amicably is so great that I qualified as a collaborative lawyer and mediator to help parties to resolve their issues amicably. I am well aware that unnecessary allegations that are deemed to be offensive, made at the start of the case, can lead to a much more contentious case throughout.

I am therefore excited about this change and welcome it with open arms. It has been a long time coming and I feel a palpable sense of relief for my clients, spouses going through separation and divorce and parents, that we will no longer have to start proceedings with a significant degree of unpleasantness”.

William Giles is an expert family lawyer, mediator and collaborative lawyer. If you are considering divorce and separation please do not hesitate to contact us for an initial free discussion over the telephone. Will’s telephone number is 01752 827912 or he can be contacted on wg@wysolicitors.co.uk