So, you need a divorce and you and the ex don’t want to say anything nasty about each other. Which divorce jurisdiction in the UK is going to allow you to do that? Well don your kilt, dust of the bagpipes and have a wee dram, because the answer is divorce in Scotland. The land of heather, deep fried mars bars and whisky allows you to divorce after 1 year for no reason at all, save you don’t want to be married any more.
In England you have to wait 2 years before you can just unhitch without reason, where is the fairness in that, I hear you say.
Scotland is unique in the UK divorce system in that if you both agree and have no children under 16, you can fill in a few forms and boom, you are divorced, free, not married, unburdened and you are not going to hammered by lawyers costs. The aptly named simplified divorce procedure, is of course not suitable for cases where there is a dispute over money or children, but for most people a simplified divorce in Scotland, is the way forward.
Is it therefore about time that the Government re think the divorce law for England and Wales? We think it is, and as long as the Government hold strong against the likely Daily Mail backlash, then it would not take too long to introduce. Indeed the Family law Act 1996 already introduced the concept of no fault divorce, but was shelved by the then Lord Chancellor, Derry Irvine, in the face of vociferous opposition from the Daily Mail and their acolytes.
The Government would save hundreds of millions of pounds a year, and maybe see fit to reintroduce some form of legal aid for those people who cannot, at the end of the day, resolve their disputes amicably or through mediation.