The recent Supreme court decision in Owens v Owens has led to many calls for changes  to divorce laws to allow for divorce without having to raise issues of adultery or behaviour.

Currently you can only divorce without raising either of these issues after you have lived apart for 2 years and both parties agree to the divorce or after 5 years separation if there is no agreement.

Contrary to what many  people think with a “Behaviour petition”  it is not the behaviour which is unreasonable but that it is unreasonable to expect one party to live with the other given their behaviour.

Therefore in cases where the marriage has simply run its course and neither party is “to blame” you have to have been separated at least 2 years before starting divorce proceedings.

It is possible to deal with financial matters within those 2 years by way of agreement.

If you need any advice regarding these issues or want a preliminary chat to consider your options you can arrange a fixed fee interview of ½ hour or an hour with us to discuss your situation