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Over 90% of Resolution Members Agree with No Fault Divorce

January 25, 2019  |   Posted by :   |   Blog

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Family law organisation Resolution is campaigning to change UK divorce laws to allow couples to separate without laying blame. 90% of Resolution members agree that no fault divorce ought to be an option for separating couples, enabling them to split without apportioning blame and reduce the length of the process.

According to a survey of Resolution members:

  • 90% agreed that current laws make it more difficult for family law professionals to reduce confrontation between couples.
  • 67% said that a blame-based system makes it harder for separated parents to reach a positive resolution about children’s arrangements.
  • 80% believed that no-fault divorce would increase the likelihood of couples reaching an agreement out of court.

Under current UK family law, couples must assign fault in order to avoid waiting two to five years to separate, citing adultery or unreasonable behaviour as grounds for divorce. However, blame-based divorce adds unnecessary animosity to an already difficult process, and makes it harder for couples to resolve their disputes – even if they are in agreement over why they wish to split.

The case for no-fault divorce aims to minimise the conflict and stress involved in divorce, reduce the cost and length of the process, and create better outcomes for children of divorced parents. Resolution proposes a divorce procedure which allows one or both partners to give notice that their marriage has broken down irretrievably, without assigning blame. After six months, if one or both parties are happy to proceed, the divorce can be finalised with the minimum of animosity.

In 2015, 60% of divorces in England and Wales were granted on grounds of adultery and behaviour, but only 29% of respondents claimed that the reason cited closely matched the actual cause of their divorce. Divorce without blame will give couples the opportunity to resolve their relationship disputes without having to assign fault, and increase the use of non-court resolution such as mediation or collaborative family law.

For more information on how to reduce animosity during separation, and find out more about the out-of-court options available, get in touch with the family law team at Frances Lindsay & Co. We are proud members of Resolution and support the case for no-fault divorce, helping couples to find #ABetterWay and reach the right solution for each individual circumstance.

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