NO-FAULT DIVORCE SYSTEM.

At Hubbard Pegman & Whitney LLP, our team of specialist family solicitors have extensive experience assisting clients’ with their divorces, finances and their children proceedings when marriages break down.

Our solicitors in Hammersmith have been following the news about the need for reform of our nearly 50 year divorce law. Our divorce Solicitor based in Hammersmith, Thanuja Oppilamany, has considered the no-fault divorce system and the implication.

As the current law stands, an application for divorce is made by showing the court that the other party is at fault through one of the 5 grounds for divorce. These are:

• Adultery.
• Unreasonable behaviour.
• 2 years separation with consent.
• Desertion.
• 5 years separation (no consent required)

The first three grounds above require consent by the other party although the fourth and fifth ground do not require consent. Failure to provide such consent could mean parties having to wait for 5 years of separation so that consent will not be required. This was the judgment in Owens v Owens (2018) which shocked the public and the need for reform was accelerated.

The government has proposed a bill to bring in no-fault divorce.

The advantage of no-fault divorce is that it stops the blame game and lets the parties focus on the important issues and enables them to take a pragmatic view without conflict. What needs to be remembered is that when divorce is part of the proceedings, there are other matters which need to be resolved as well such as finances, property and children. Therefore, with the current system, if there is conflict between the parties in relation to divorce then the other matters will also face conflict.

However, there are some who consider that this is their chance to have their day at court to expose the conduct of the other party to the marriage. Many want to tell the court what their spouse has done and they want their voice to be heard. The no-fault divorce system will take this away.

At Hubbard Pegman & Whitney, our team of specialist solicitors have extensive experience assisting parties with their divorce matters and helping them through this tough time. Our family lawyers at Hubbard Pegman & Whitney LLP have decades of collective experience assisting people across Hammersmith and West London by taking a pragmatic and realistic view of each of their client’s matters.

Amongst our highly skilled family team we have Primrose Hudson, a Family Consultant Solicitor with over 28 years in Family Law, including experience in divorce and finance. Primrose Hudson works closely with Thanuja Oppilamany.

For further advice and information, get in touch with our divorce solicitors in Hammersmith, London on 02087359770 or fill in our simple contact form.