No-Fault divorces are a no-brainer, says legal experts

Posted on: December 20th, 2016

Cygnet Law, the Redcar-based Law Specialist, has added its voice to the call for the end of the divorce blame game.

Cygnet is arguing that current legal requirements, which dictate, that unless one of the couple attributes fault to the other, separating couples must wait at least two years to have the termination of their relationship legally recognised, is out-dated and is in desperate need of an overhaul.

This quirk in legislation means that in cases of amicable divorce, some couples may be tempted to falsely claim adultery or rely on unreasonable behaviour grounds that are contentious or will cause upset as the course of their separation order to accelerate the process.

John Robinson, a Director and Divorce Specialist at Cygnet Law, believes that a modernisation of the legislation is urgently required. He said: “No-fault divorces seems like a no brainer to me. Forcing couples to drag out their divorces or pin the blame on one another can cause bitterness and further damage the relationship.”

“Going through a divorce is straining as it is, without being made more trying by forcing couples into arguments.

“In my experience, a large number of divorcing couples have taken a mutual decision to split, and delaying the process achieves nothing in those circumstances.”

John rejects suggestions that no-blame divorces would increase the overall number of divorces, arguing instead that the introduction may increase the number of couples using a mediator: “If couples do not have to be hostile in terms of the ground for the divorce then it is more likely they will remain amicable enough to discuss matters through a Mediator and hopefully resolve things without having to resort to the Court. Simplifying the divorce procedure will also free up valuable court time.”

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