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Only those who have lived through marital breakdown know exactly when the death knell finally tolls on a marriage.Īs anyone who has had to write a cheque for the princely sum of £550 to the Court (which they require before they will open, contemplate and stamp your document with a Court seal) in respect of your divorce petition will no doubt tell you: if your marriage wasn’t over before then, it certainly will be afterwards. There is a further six week delay until the second and final order of divorce (the Decree Absolute) can be applied for – which is the same as the current law.Īpparently, this is to ensure that couples have a period to ‘reflect on the decision to divorce’ and ‘to change course’ or ‘agree arrangements for the future’ if divorce is the only option. However rather than truly easing the way to separation for unhappy couples, the government has chosen to pursue a highly paternalistic agenda by introducing a new period of ‘reflection’ namely a mandatory statutory period of 20 weeks between the issuing of the divorce petition and the pronouncement of the first divorce order (the Decree Nisi).
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This is all to be washed away: in the future, a statement of irretrievable breakdown will suffice, regardless of how long you have been ‘separated’. Under the present law, you have to cite a ‘fact’ (adultery, unreasonable behaviour, separation or desertion) to evidence the ‘irretrievable’ breakdown. There has always been only one ground for divorce, namely that a marriage has irretrievably broken down. The real change lies in the removal of the two year waiting period prior to obtaining a no fault divorce (if your ex consents) or a five year period (without their consent), during which time you have had to live separate lives. The days of a quickie divorce are numbered – if you want to name and shame, it’s time to get your divorce in, writes Emily BrandĬontrary to the current trumpeting that we are finally about to get ‘no fault’ divorces, these have in fact been available since 1969.