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Norwich solicitor calls for 'no fault' divorce
Practice area: Family
Changing political landscapes inevitably result in new policies and legislation. Neale Grearson, a partner specialising in Family Law at KCJ, is calling for the next set of changes to include new legislation providing for 'no fault divorce'. At the moment, the vast majority of divorces are based on either adultery or unreasonable behaviour as these are the only methods of obtaining an immediate divorce. Although there is already an option for divorce to be based purely on a period of separation, the minimum time frame is two years, and this is rarely used.
Neale explains: "The huge danger with the present fault-based system is that a spiral of animosity can be generated in relation to the actual divorce, when efforts should be centred on financial matters or children. The actual basis of the divorce does not affect the financial outcome or the arrangements for children so the time, money and emotion expended on it is completely unnecessary and countrer-productive.
The argument is made that to allow a 'no fault' divorce would be to make divorce too easy. The reality is that the current 'fault based' divorce system does not stop divorces going ahead. However, the repercussions can be detrimental when all other attemtps are being made to reach an agreed and amicable resolution to a divorce."
Increasingly important in divorce work are collaborative law and mediation. These are methods to reduce the animosity that can be generated in such emotive situations and acknowledge the need for a husband and wife to work together in the future especially where they have children. Arguments over the basis of a divorce are therefore completely divisive.
Neale Grearson urges all political parties to adopt 'no fault divorce' as part of their policies for the future and for there to be urgent legislation once a new governement is formed. This is supported by family lawyers as another constructive way of trying to alleviate some of the extreme repercussions of divorce where parents and children suffer as a result.
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