Is there such a thing as Good Divorce?

The idea of the initiative is to raise awareness of the struggles currently faced by the family courts and to assist families in resolving their disputes away from the Court in circumstances where it is safe and appropriate to do so.

No-Fault Divorce

Some of you may recall that the new procedure for ‘No-Fault Divorce’ came into force in April 2022.  This represents a major shift in the law concerning divorce as previously parties were required to provide specific grounds upon which the marriage had irretrievably broken down such as:

• Adultery
• Unreasonable behaviour
• Two years separation with consent
• Five years separation
• Desertion

This often led to one partner being blamed for the breakdown and in turn this would curtail any possibility of amicable communication between the parties in what would be an emotionally challenging time already.

The No-Fault divorce procedure allows couples to petition for divorce either solely or jointly, and only requires the marriage to have irretrievably broken down, meaning there is no need for either party to shoulder the blame for the breakdown.  These changes make the process of separation easier for couples to acknowledge that in some situations couples may mutually agree to divorce.