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A lot couples reach the sad conclusion that they just no longer want to be together. They have fallen out of love but they do not want to blame their partner.
The unfortunate position is that we still have to shoe horn the reason for the divorce into one of 5 rather archaic facts, set down in the Matrimonial Causes Act 1973 – being either Adultery, Unreasonable Behaviour, 2 years separation with consent, 5 years separation or Desertion. There is no option there for we’ve reached the realisation that neither one of us wants to be with the other anymore.
There is support for reform – but even in 2016 spouses still have to assign blame by either citing their partner’s adultery or bad behaviour in order to be able to issue a divorce petition immediately. The alternative is to separate and wait two years before filing a petition which both parties consent to. This is not appealing for those wanting to move on with their lives.
The House of Commons is debating a private members bill introduced by Conservative MP Richard Bacon which would allow for a joint petition to be filed immediately when both parties agree that the marriage or civil partnership has broken down irretrievably.
The Bill would amend the Matrimonial Causes Act 1973 and The Civil Partnership Act 2004. It would also stipulate a minimum period of 12 months between the granting of decree nisi and decree absolute as opposed to the 6 weeks for divorcing on other grounds. Still, waiting 12 months for the final decree in a divorce must be better than waiting two years before you can even issue a petition. In addition, a final financial settlement could be negotiated and approved by the court during that time, providing the parties with better certainty as to their futures.
Are you wanting advice on how to move forward with your divorce and the best options for you?
Contact Lindsay Jones at lindsayjonesdivorcelawyer.co.uk
Lindsay Jones Divorce lawyer is a Divorce Solicitor, specialist family law and divorce solicitor in Altrincham, Middlewich, solicitors in Holmes Chapel, solicitors in Sandbach, solicitors in Northwich, solicitors in Winsford Cheshire, Cheshire Divorce Solicitor, divorce solicitors Middlewich, solicitors Holmes Chapel, solicitors Sandbach, solicitors Northwich, solicitors Winsford, solicitor Cheshire, Cheshire Divorce solicitors, Knutsford Divorce Solicitors, Divorce solicitors, Family Solicitors, Middlewich solicitors, Northwich solicitors, Knutsford solicitors, Lindsay Jones Solicitor, celebrity divorce solicitors, divorce and family law solicitors Cheshire, online divorce solicitors, lawyer for divorce, solicitor for divorce.