No Fault Divorce – Family Law in Need of Modernization?
Today, in these modern times most of the marriages tend to end in divorce. There have been great advances in education, financial freedom, technological development, and gender awareness. Owing to all this factor marriage has seems have lost its gravity. It’s no longer a commitment for life.
However, the current family laws have become obsolete and failed to keep up with the trends of the society. The present divorce law is set out according to the laws made in 1973 and there were attempts to update it two decades back. But, it unfortunately failed.
In the modern times, however, one does get the feeling that things are going for a change. The divorce law may be going in for much needed modernization.
The no fault divorce law in the U.K. is still in the process of reformation. A country like Australia has a no fault divorce law since the year 1975. Other countries like U.S.A and Spain also probably have it.
In the present times the only reason for divorces in England and Wales is irreconcilable breakdown of marriage. This has to be guided by one of the five specifics. If there are couples married for a year and want to separate on an immediate basis, citing reasons like one party’s unreasonable attitude ( like adultery).
Studies show that more than half of the divorce petitions are fault based (unreasonable behavior like adultery). This is primarily filed by people who did not want to stay in the marriage for 2 years or more. The other half belongs to that group of people who didn’t give consent to the divorce.
The divorce procedure itself can take 5-6 months. However, it can run for a longer duration owing to the issue of finance and financial split. It is advised to resolve this issue before filing for decree absolute.
Right now there’s an increasing support for the no-fault divorce within the judicial system.
We need to eradicate the blame game system. In all likelihood there need to be amendments in family laws. Even the finance related laws should be altered in such a way that it reduces the likelihood of couples ending in courts. Fault finding should not be the way out. It can in equalize the proceedings running side by side the divorce.
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