THERE’S NO SUCH THING AS A ‘QUICKIE DIVORCE’…yes even with No-fault

9th Apr 2019

Over the years I have lost count of the number of times I have said those words to clients. No matter what the internet might say, or factory priced on line divorce companies might tell you, there is a set procedure which has to be followed and which means it takes on average 6 months.

Declaration of Trust

Today we heard from Justice Secretary David Gauke that the government will introduce legislation to bring about “no fault” divorce to “end a blaming game” as “soon as parliamentary time allows”. With Brexit taking up most of its time lately we are pleased to hear this. However, an announcement with a tabled bill would be even better given we have been seeking this approval by parliament for some considerable time. In fact, since the Family Law Act 1996 legislation was shelved.

Hopefully, the experts at Resolution and its members like myself will be consulted on how best to draft this bill in the interests of families. It shouldn’t be introduced on political party line whims but with forethought. That way we can avoid the wasted costs and time spent on drafting legislation which has to be re-amended. Much like the Civil Partnership Act 2004 now largely redundant due to the fact those in same sex relationships can now marry but costing millions in government re-drafting and court literature.

Let us hope common sense prevails and the only amendment is to the box you tick on the divorce petition to say you wish to enter either a non-fault divorce ‘by consent’ or ‘without consent’. That the criteria for ‘without consent’ is simply that your partner wishes to record that they did not want to divorce at that point in time. To satisfy those aggrieved at the ending of a marriage.

If you or anyone you know is going through a divorce or separation and they need guidance, support and advice please do not hesitate to contact Kerry Rowell at Rogers and Norton on 01603 666001.