In recent times, there have been some high profile cases that have highlighted concerns regarding the UK divorce laws. Essentially at the moment, there has to be some kind of cause that can be cited in order to grant a divorce quickly, such as adultery or abuse. If this can’t be proven, then it can take up to five years for a divorce to go through.
However, the changes that have been proposed will prevent what the Justice Secretary David Gauke called “unnecessary antagonism.” It is important to know what these changes are and how they can help make the divorce process easier.
In the current situation, a divorce can be settled amicably if both sides agree. The issues can often occur when one side does not want it to happen. For example, in a recent case, a woman’s appeal was rejected by the Supreme Court when her husband refused for the divorce to be granted.
Some critics have suggested this can make an already stressful and emotional process harder. This is due to the fact that if someone wants a relatively quick divorce (and can’t agree) then blame has to be assigned to one party. In some cases, this can be proven in clear examples of abuse or infidelity.
The problem comes when this is less conclusive- a person can be difficult to live with or a living situation hard to deal without it necessarily being abusive. This can be further complicated when there are children involved.
This is not the first time that people have attempted to simplify the divorce process. In 1996 it was proposed that couples attend “information evenings” to see if it was possible to reconcile. At this point, it was considered that this approach was unworkable.
The new idea is that there will be a period of around six months to allow for mediation. After this period, it would not be possible to contest the divorce. Some have opposed this, saying that this could potentially undermine marriage. By contrast, others have welcomed this change, saying how this can remove unnecessary anxiety in an already difficult situation.
What happens next
It should be stated that at this point there is a consultation regarding changes to the rules concerning the divorce process. Therefore, it will be some time before any changes are put through.
What this means that for now (and likely for some time to come) there will be no immediate change to the current way the process works. However, it is likely given the recent high profile cases that this is likely to change in future.
We can help
As stated before if you want to leave your partner, it can be a difficult process to go through. It may be that you do not know if there is a cause that can be proven in court.
Our motto has always been “Big enough to specialise, small enough to care” This means we can give you experienced legal representatives with the resources needed to represent you, as well as the customer service needed to help you during a difficult time. For more information contact our team today.