No Fault Divorce – government is ending the divorce ‘blame game’
The government proposes to remove the need to prove a fact to show that the marriage has broken down irretrievably. Currently there are 5 available facts which can be used to show the Irretrievable breakdown of the marriage and the most frequently used fact is that of “behaviour”. Using the fact of the other person’s behaviour is “blaming” the other person for the marriage breaking down. This is unnecessarily contentious and unhelpful for future relations for the parties particularly if they continue to parent children over the years following the divorce.
Under the new government proposal the basis of Irretrievable breakdown of a marriage will be retained as the ground for divorce but the requirement to provide evidence of a ‘fact’ will be replaced with a requirement to provide a statement of irretrievable breakdown. This is hoped to provide a better foundation for divorcing couples going forward.
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