Is 2016 the year for blame free divorce?

The Blame Free Divorce Bill, sponsored by Conservative MP Richard Bacon, may move a step closer to reality with its second reading, which is expected to be on Friday, 11 March 2016.

Proposals to bring in a ‘no blame divorce bill’ have been around for decades, but whether it finally comes into forceis a question which everyone has in mind.

According to Curry Popeck Solicitors, the existing laws say thatthe person applying for the divorce must prove irretrievable breakdown of marriage in one of five ways:

• On the grounds of adultery.
• Unreasonable behaviour by the spouse that makes living with him/her difficult.
• Desertion for a period of at least two years.
• At least two years separation, with consent to the divorce.
• That the parties have lived apart for at least the past five years.

Therefore, if a couple wishes to part ways without waiting for two years after they have separated, it has to be established that one of the partners have either committed adultery or behaved unreasonably. The only no-blame option for demonstrating irretrievable breakdown is non-cohabitation, i.e. the couple is required to live apart for two years to be eligible for this option.

The current laws have been criticized as being confusing, misleading and promoting unnecessary hostility between the couples, not allowing divorces to be wrapped up quickly and potentially making things worse for the children; hence Bacon’s Bill is being seen as a welcome step towards removing the requirement of fault from divorce, say Curry Popeck.

The current system is quite contradictory in that people are required to tell the truth in court but cite exaggerated reasons in order to satisfy the legal requirements for divorce,and there lies the need for legal reform.

Bacon’s Bill has faced criticism as well, but despite that, it is still being seen as an important step forward by many observers, including Resolution chair Jo Edwards, who commented: "We are pleased to see Richard Bacon’s Bill having a second reading. If MPs are serious about reducing family conflict and the trauma that can be caused by divorce, I would urge them to support the bill as a welcome step towards removing the requirement of fault from divorce."

In many cases, issues can be dealt with amicably, so a ‘Blame free divorce bill’ is welcomed with open arms as it allows parties to resolve matters as swiftly and amicably as possible.

If you need advice on divorce or any other aspect of family law, please contact Curry Popeck, the solicitors who specialise in Corporate Law, Employment Law, Family Law, Dispute Resolution, Property Law and Sports and Entertainment Law. Their team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provides tailored solutions on all the above legal subjects, and will be happy to assist you.

Should you wish to discuss matters further with Curry Popeck, then please contact them on- +44 (0)20 8907 2000or visit their website-http://www.currypopeck.com/

Curry Popeck is a full-service law firm, providing clients with clear legal and commercial advice in London. They handle the most complex matters, personal and senior-level attention to every client for the past 30 years.