An overhaul of the divorce law is planned by the ministers to minimise antagonism. The England and Wales divorce laws will be subject to change under the government’s plans that looks for ways to allow couples to divorce more quickly and will less acrimony.
Justice Secretary David Gauke is to begin a consultation on the introduction to the change of the laws to achieve “no fault” divorces. According to Gauke, the current system creates “unnecessary antagonism” between the split couples. As per campaigners, this for divorce law could be a “landmark moment”
There have been issues associated with the current divorce laws. People have refused to give others divorce causing increased pressure and disagreement that has affected children in a relationship. The period taken before a divorce is granted and finalised has negative effects on either the partners in a relationship.
Under the current English and Wales, the grounds for divorce include:
– Unreasonable Behaviour
– Living apart for more than 2 years and both parties agree to a divorce
– Living apart for 5 years or more even when neither of the partners agrees
In the divorce process, there are the concepts of fault or blame, which under the government‘s proposal could be written off. Another section that is part of the reform is where the spouses could lose the right to contest a divorce. Usually one seeks a solicitor this area of law in the country. For couples in Manchester who would want to contest a divorce, they may look for family law Manchester experts.
A move for a “no-fault” has been there for close to 30 years in the UK and pressure has been building. In 1990, The Law Commission recommended a no-fault divorce and many senior judges favoured it. Usually, as it is believed by many people, couples divorcing are emotionally and financially torn apart. As these try to make living arrangements for their children, they end up blaming each other with one of the party worsening the already stressful process.
In the Act of Parliament of 1996 that needed spouses to attend “information meetings” the encourage reconciliation the “no-fault” divorce would have been introduced. However, after pilot schemes, the government found it unworkable.
Now the plan by the Ministry of Justice intends to end the right one spouses to contest a divorce and at the same time consider the waiting time for the parties to be granted a divorce. A minimum of 6 months was suggested. As per the government’s proposal, there should be a notification system. Under this, should a partner be maintaining the marriage has broken down beyond repair, they qualify for a divorce.
There are concerns that the change of the law will undermine marriage but many people believe it could eliminate a layer or stress and anxiety in one of the most traumatic couple’s experiences. Should the law get changed, this would mean a lot for divorce solicitors in the North West and across the UK. It could bring some impacts on the family law Manchester firms. The reasons for changing the law according to experts revolve about reducing conflict in divorce and coming up with a law that suits the 21st century.