Le­gal Brief­ing

In a weekly col­umn for the Star, solic­i­tor Juliet Phillip­sJames casts her ex­pert eye over a range of le­gal mat­ters and urges anyone with any ques­tions or prob­lems to come for­ward for help.

Llanelli Star - - NEWS -

Q

My hus­band and I have re­cently split up. Un­for­tu­nately he is very bit­ter and keeps ac­cus­ing me of hav­ing some­one else in my life. This is not the case and my rea­sons are be­cause he shows me no love, af­fec­tion or respect. We have two chil­dren to­gether so I want to keep re­la­tions am­i­ca­ble be­tween us. I want to pro­ceed with the di­vorce and had heard that the Gov­ern­ment was introducin­g a no-fault di­vorce. I want to pro­ceed with the di­vorce as soon as pos­si­ble as I need my hus­band to re­alise that it is over and I need clo­sure. Could you ad­vise me as to whether I can pro­ceed with a no fault di­vorce now?

A

The Gov­ern­ment pub­lished its re­sponse to a con­sul­ta­tion in April 2019 con­firm­ing it would in­tro­duce new leg­is­la­tion to take the blame el­e­ment out of di­vorce, how­ever, this has not yet been im­ple­mented.

If you were to pro­ceed with the di­vorce now you would have to base it on the ground that the mar­riage has ir­re­triev­ably bro­ken down and then on one of five facts. In your case it would have to be on the fact of your hus­band’s un­rea­son­able be­hav­iour. He could po­ten­tially con­test the di­vorce, but un­der new leg­is­la­tion the abil­ity for one party to con­test the di­vorce will be re­moved.

Aside from the di­vorce it­self there will be other fac­tors that will need se­ri­ous con­sid­er­a­tion such as the mat­ri­mo­nial fi­nances and ar­range­ments for the chil­dren. I would there­fore rec­om­mend that you seek the ad­vice of a fam­ily law solic­i­tor as soon as pos­si­ble.

Find more le­gal ad­vice from Juliet Phillips-James at... www.waleson­line.co.uk

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