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Non Fault Divorce

Posted on 9th December, 2016

This month, Jacksons’ matrimonial department were invited to speak on the BBC Tees breakfast radio show to discuss non fault divorce.

As members of Resolution, an organisation comprised of approximately 6,500 family solicitors, Jacksons actively encourage clients to manage their separation in a non-confrontational manner Unfortunately, with the best will in the world this is extremely difficult when two people in a marriage want to formalise their divorce before two years have passed since the date of separation and are required to assign blame.

Currently, in these circumstances the Courts require the couple’s relationship to have broken down irretrievably and this must be based on adultery, unreasonable behaviour or desertion. Sometimes there is quite simply no one to blame, two people have just grown apart.

Resolution have brought to the attention of the legal profession that couples cannot always wait two years in order to avoid having to assign blame where there is none. Many couples are not in a position to leave financial matters open whilst this period elapses but are fearful of reaching informal agreements.

Until the law changes, if couples are prepared to wait for two years rather than preparing a statement of case that is flawed, there is an option that will help give people a level of financial security. Jacksons often work with clients preparing separation agreements, recording the terms upon which they wish to reach financial settlement when the two years have elapsed and divorce proceedings are underway. If you would like to discuss this further please contact Louisa Bestford, lbestford@jacksons-law.com or call 0191 206 9617.


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