Don’t or can’t wait for “no fault” divorce to become law?

26th July 2019

 

The Divorce, Dissolution and Separation Bill had its second reading in June 2019. This Bill, if passed, will pave the way to “no-fault” divorce. 

Unfortunately, it will take time for the Bill to become law and well maybe you don’t have time or you simply don’t want to wait until it does.

Relying on a “fault” based facts to obtain a divorce doesn’t necessarily mean your divorce has to turn nasty. 

Currently, the divorce petitioner needs to prove one of five ‘facts’ to demonstrate the marriage has broken down irretrievably. There are two fault-based facts. 

My advice, to avoid your divorce becoming a battleground when relying on a “fault” based fact is as follows:-

 

1. Work together to establish fault

It’s a smart decision to work together agree what the divorce petition will say about the others alleged unreasonable behaviour or adultery. Not only does this preserve a civil/amicable relationship it also keeps your legal costs down. 

You only need to get your petition past the legal threshold, it is not the place to lay your soul bare or score points. Your solicitor can guide you on this

A word about conduct

As much as this frustrates and angers people the court does not usually care how badly your spouse has behaved. Only in really rare instances which your solicitor will be able to guide you on.  

 

2. Don’t let your emotions rule your divorce

Divorce is a highly emotive, difficult process. If your ex has behaved badly you will be left feeling bruised and hurt. It is tempting to use the divorce petition to unleash your feelings – Don’t as it achieves nothing apart from increasing your legal costs.

Often separating couples experience emotional outbursts as they navigate the process through fear or a feeling of loss of control.  I can help break the divorce process into manageable steps, help you to move forward rather than look back, help you to keep your end goal in sight. I can help clients reply to texts or emails so they can get closer to their divorce without being drawn into mind-games and often talk them down from rage and resentment to achieve a better divorce. This is what my clients value most about what I do and it keeps their legal costs down as well as their stress levels. 

Get divorced not vengeance.  Your aim is to get a fresh start, to live life on your own terms, to actually get your decree absolute. Fault-based divorce is simply a means to an end.   

 

If you or someone you know would like more information please contact me to arrange an initial discovery session 

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