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Couples Using Adultery Shows Law Needs Overhaul

View profile for Simon Leach
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Research released this week by The Nuffield Foundation indicates that many couples pretend adultery has been committed in order to quicken divorce proceedings.

The research shows that the process needs overhauling, states a Nottingham firm of family law experts. Adultery cited as the reason for divorce generally quickens the divorce process if your spouse is prepared to admit it, as it does not require any discretion on behalf of the judge dealing with the divorce.

Family Law Group said the new report issued by a leading research body found a significant lack of truth in divorce petitions, which pulls into question if it is now time for a no-fault divorce system.

The report found that only three in 10 respondents in fault-based divorces actually cited reasons that closely matched the true reasons for separating.

“This is further proof that the current divorce system needs looking at and we have to accept that no-fault divorce is a sensible step,’ said Simon Leach, of Family Law Group.   

The report stated that not only can adultery be falsely claimed and admitted, but dates of separation may also be altered to shorten waiting times in divorce cases.

“The fact is fault-based divorces can cause delays in divorce cases and often have the adverse effect of creating added conflict between parties whose relationship is over,” he said.

“Countries like Spain and the United States have for many years allowed couples to legally part without blame, but here in the UK we still have an out-dated system,” Simon added.

A Private Members Bill introduced in 2015 seeking no fault divorce failed, and a Court of Appeal decision recently released has highlighted the desperate need for the introduction of no-fault divorce in England & Wales. And yet the Government has confirmed that there were no plans to further debate the subject.

Simon concluded that there really is ample evidence of the damage that acrimonious divorces can do when the law requires separating couples to start that process by attributing blame for the relationship breakdown. “It really is time to end the blame game by introducing no-fault divorce.”

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