Irretrievable Breakdown
Divorce In The Best Way
Sometimes, despite everyone’s best efforts, a marriage simply runs its course. But, thanks to current UK laws, a divorce doesn’t have to be the big fight it once was, explains Antonia Love, Partner and Head of Family Law at Farleys Solicitors
I recently read about a divorce case which went viral on social media where a wife decided she wanted to divorce her husband because he would spend too long sitting in his car outside their home after getting back from work each day.
While there was more to the story, which involved the final straw being an emergency with their son, it got me thinking about the grounds for divorce which used to have to be cited when a couple were divorcing.
Some of the more unusual reasons couples have given for filing for divorce include a wife finding out her spouse’s voting preference following an election, a wife deciding her spouse was just ‘too nice’, a husband losing a bet he’d made where he’d put his wife up as collateral and a wife filing for divorce from her husband after finding out he didn’t enjoy the film Frozen.
Whatever the specific reason for divorce, previously, the petitioning spouse would need to select one of five grounds for divorce – adultery, unreasonable behaviour, separation for more than two years, separation for more than five years, or desertion.
Since April 2022, instead, separating couples are now required to provide a statement of irretrievable breakdown. This new law came into effect after years of campaigning for a better way for couples to divorce without the need to apportion blame or create a conflict which sometimes wasn’t there to begin with.
The no-fault divorce law allows you to cite simply an irretrievable breakdown of the relationship as the reason for divorce on the application.
So, whatever the final reason behind your decision to divorce, whether it’s an obscure ‘straw that broke the camel’s back’ or your relationship has simply run its course, no-fault divorce offers a better way to divorce, allowing couples to amicably part ways and move forward with as minimal conflict as possible.
Please remember though, there will always be some aspects of divorce that risk a certain level of conflict, such as the process of dividing assets or managing arrangements relating to children but having the right advice and guidance from a specialist family law solicitor will help to keep things running smoothly and continue to minimise that conflict where possible.
For advice on divorce and separation from a family law specialist, please contact the team at Farleys on 01254 368040, email: info@farleys.com, or visit our website for more information: farleys.com
