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.

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