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Can You Effectively Get A No-Fault Divorce In The UK?
UK Divorce Law is a rather sketchy subject. The family laws that govern divorce and how it is to be executed as far as the UK is concerned a slightly out of date. As such, from a strictly puritan standpoint, there is actually no UK Divorce Law that allows for no-fault divorce.
Of course, this does not prevent clever civilians as well as family law solicitors from finding loopholes in the archaic UK Divorce Law and securing a divorce much faster than the law would appear to allow. So yes, while strictly speaking, there is no UK No-Fault Divorce Law, the reality is that in these modern times when toxic relationships need to be cut off quickly, but without pinning the blame on either party, there are ways around the antiquated laws on Divorce in the UK and securing what is effectively a no-fault divorce.
UK Divorce Law – The Grounds For Divorce
Before we get started on the specifics of how a no-fault can actually be made possible using the current UK Divorce Law, it is important to have a basic understanding of the actual acceptable grounds for divorce in the UK.
There are three main grounds wherein divorce may be allowed in the UK and these are:
- Unreasonable behavior
Naturally, if you want to secure a divorce that does not actually color your wife/husband as the villain of the piece, then adultery is out of the question. Desertion is probably the next best thing, but it requires that you or your partner have deserted the other without a good reason for the purpose of ending the relationship and for a period of 2 years. One of the main selling points of no-fault divorce as it is practice in the US is that it is a speedy method of ending the marriage relationship. Naturally, two years is a long time to wait before you can secure a divorce.
UK Divorce Law – The Loophole Is “Unreasonable Behavior”
That leaves us with the last ground that can be used as a legal loophole – unreasonable behavior. There are no specific acts that fall under “unreasonable behavior” and therefore, it is up to the judge in the Family Court to decide on whether unreasonable behavior complained of is actually sufficient enough to warrant a divorce. Therefore, more serious acts such as domestic abuse and violence certainly give rise to the ground of unreasonable behavior (as well as a criminal case, which is outside of this subject matter).
However, because unreasonable behavior is only vaguely defined in the law, this means that it can be for something as simple as refusing to pay for the rent of the house for two months. What matters is that it is a type of unreasonable behavior wherein the petitioner finds it intolerable to continue living with his/her spouse.
Furthermore, it must be noted that citing your own unreasonable behavior is not acceptable as a ground for divorce, it must be that of your partner’s. Consulting a family law solicitor on this aspect of UK Divorce Law is often the best choice.
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Our family law team in Stoke cover all aspects of family law. We have helped clients in Stoke and the surrounding areas including;
Bereton, Arclid, Congleton, Timbersbrook, Rushton, Spencer, Meerbrook, Thorncliffe, Leek, Rudyard, Biddulph Moor, Gillow Heath, Biddulph, Knypersley, Mow Cop, Rode Heath, Alsager, Kidsgrove, Talke, Keele, Newcastle-under-Lyme, Hanchurch, Barlaston, Stone,
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