We’ve heard the phrase ‘irreconcilable differences’ from American TV and news. You may have seen in the news that we have ‘no fault’ divorce but what does it mean? Do we now say ‘irreconcilable differences’ and what does ‘no fault’ divorce mean?
Let’s unravel it for you. As from 6 April 2022, when someone makes an application for a divorce to the court, the divorce application simply says that the marriage is irretrievably broken down and the applicant wants a divorce. That is it. The applicant can be a husband or a wife – or both together now because the new law allows joint applications.
Well, what’s the big deal, you may ask? It is simply this: there is no need to give a reason why the marriage has broken down and why a divorce is wanted. The court will assume that the person applying for a divorce knows their own mind, understands the seriousness of it and the court will take that at face value. No more probing into behaviour, who did what, who was unfaithful and so on. A simple statement to the effect that the marriage is over and a divorce is wanted is sufficient.
Why is this good news? If you want a divorce, you won’t have to rake over everything that you have worked through and begun to move on from. It means if you are moving forward, you don’t have to go back again and relive it all to put it on paper. People applying for a divorce are finally being treated like adults – able to decide for themselves when their marriage is over and when they want a divorce. That has to be progress.
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