Rayhana Kausar, Graduate Chartered Legal Executive in Astle Paterson’s Family Department discusses, no blame divorce, Resolution’s Campaign for ‘No Fault’ Divorces
As set out in the Matrimonial Causes Act 1973 the sole ‘ground’ on which a divorce may be obtained by either party to a marriage is that the marriage has broken down irretrievably. The introduction of no blame divorce legislation has helped reduce animosity and hostility between divorcing couples, allowing them to prioritize the well-being of any children involved.
That ‘ground’ may be established only by proof of one or more of five ‘facts’. Section 1 of the Matrimonial Causes Act 1973 confirms that the five ‘facts’ are:-
“ (a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
(d) that the parties of the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (hereafter in this Act referred to as “two years’ separation”) and the respondent consents to a decree being granted;
(e) that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.”
Resolution states that “Divorce and separation is often a time of conflict and heartache. It puts families under tremendous pressure and there are all sorts of things to sort out – how to manage the finances and how to make sure that the impact on any children is minimised as far as possible … present divorce law makes things worse by forcing couples to blame each other unless they can wait two years to get their divorce.” No blame divorce aims to alleviate the emotional burden of separation by focusing on mutual understanding and cooperation between the spouses.
After reading the campaign literature Rayhana noted that “if the law was altered to allow a married person to seek a divorce without having to blame their spouse of wrong-doing then it is likely that much heartache could be saved – both to the parties involved and any children.” With a no blame divorce, the emphasis shifts from assigning fault to promoting a peaceful and amicable resolution for both parties involved.
Should you wish to discuss issues concerning a separation from your partner with Rayhana Kausar, Graduate Chartered Legal Executive in Astle Paterson’s Family Department, please contact her on 01283 531366 or by way of email at rkausar@astlepaterson.co.uk
Divorce is undoubtedly a challenging and emotionally charged experience for couples. Traditionally, divorce proceedings have often been mired in blame, bitterness, and hostility. However, a growing movement has been sweeping through legal systems worldwide, introducing a revolutionary approach known as “no blame divorce.” This groundbreaking concept seeks to prioritize understanding, cooperation, and the well-being of all parties involved. In this article, we will delve into the essence and benefits of no blame divorce, exploring how it is transforming the landscape of separation and paving the way for a more compassionate and amicable dissolution of marriages.
No blame divorce fundamentally shifts the focus from assigning fault and blame to promoting understanding and resolution. Rather than engaging in an adversarial process, couples are encouraged to approach their separation with a spirit of empathy, aiming for an outcome that serves the best interests of everyone involved. This approach recognizes that the breakdown of a marriage does not have to be a battleground but an opportunity for growth and healing.
One of the key tenets of no blame divorce is the emphasis on fostering amicability and cooperation between spouses. By removing blame from the equation, couples are more likely to engage in constructive conversations, negotiations, and decision-making processes. This shift in dynamics not only eases the emotional burden on both parties but also allows them to retain a sense of dignity and respect throughout the proceedings.
Divorce can have a profound impact on children caught in the midst of parental separation. No blame divorce recognizes the importance of shielding children from the detrimental effects of conflict. By prioritizing cooperation and minimizing hostility, this approach aims to create a healthier and more stable environment for children during and after the divorce process. By minimizing the negative impact on children, no blame divorce seeks to enable them to maintain positive relationships with both parents.
