Need for No-Fault Divorce Intensifies
Senior judges at the Court of Appeal recently ruled that a woman cannot divorce her husband on the grounds which she cited. The woman states she is "trapped in a loveless and desperately unhappy marriage."
She wishes to end her 40 year marriage due to unreasonable behaviour, and has admitted to an extra marital affair. However, her husband opposed the divorce application because he does not want to be apart from her; he feels they still have many years to enjoy together.
But, for now, the decision of the Judge is final so the couple remain legally married as being unhappy is not reason enough to get divorced.
Her next step is to seek permission to have the case heard at the Supreme Court unless she decides to wait until she and her husband have been separated for five years and base her divorce on thatfact.
This case adds more weight to the argumentfor no-fault divorce to finally be introduced. This position is strongly backed by Resolution, the national association of family lawyers who are urging the Government to make significant changes to U.K. Divorce Law. It is firmly believed that no-fault divorce would help to reduce conflict and support separating couples to resolve matters amicably.
Recent divorce statistics:
69% of the general public agreed with the concept of no-fault divorce
From January 2016 - January 2017 there were 113,996 petitions for divorce submitted
Divorce occurs frequently - we know that, so why prolong people's agony? There are concerns that people will feel forced into making up, exaggerating or embellishing the reasons for their separation to ensure the divorce is granted.
We will post further updates on this case as it continues to develop. It is thought that this will be a milestone case for modern family law.
Lawson-West Family Solicitor, James Haworth comments: "The no-fault divorce bill, if enacted intolaw, would no doubt make it less stressful for couples to end their marriages. It does not take away from the importance of marriage as a union it simply makes the process less unpleasant for those involved."
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