Will the impact of the new “no-fault” legislation to reform divorce law in England and Wales encourage Scotland to make a change?
Under new legislation, couples in England and Wales can now apply for “no fault divorces” under new government proposals. This will come into effect shortly.
Parties looking to divorce will simply need to write a formal statement stating that their marriage has broken down irretrievably either jointly (or one party can apply). This will abolish the requirement of proof and a minimum period of separation or consent by the other party. It will also remove the ability for one party to contest the divorce, which can delay proceedings. However, this does not apply to financial and child matters.
A 6 month minimum […]