No-fault Divorce Could Be A Positive Step But Little Time For Legislation Could Slow The Process


Commenting on the latest changes to divorce law Jane Barclay, Senior Associate at The Wilkes Partnership, says:

“With these changes it may be a concern that divorce will be made easier but as there is a proposed minimum time frame of six months from petition until final divorce there will be a “meaningful period of reflection” to access relationship counselling if appropriate,  or to attend mediation in order to reach agreement with regard to financial or children arrangements. This should stop the concerns of ‘knee jerk’ divorces.

“The hope is that taking out the need for blame will have a less damaging effect on children and with this one major area of conflict removed there will be a more positive impact on all parties. In these situations of high stress, it is often the safety of vulnerable individuals that are of most concern. This can be children, but it can also be those in an abusive relationship where one party has been able to contest a divorce in order to continue to exercise their coercive and controlling behaviour over the other. 

“However, there could still be a wait for legislation to be passed as this will be only be introduced when Parliamentary time becomes available. Given the current situation it is impossible to predict when this will happen.”

For help on advice on a family law related matter please contact Jane Barclay on 0121 710 5963 or email [email protected]

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