No fault good/no fault bad

[Pas de Quatre]

Can someone please help me understand the thinking behind the new "no fault" legislation.  At times if feels Orwellian! 

 

So if it is a marriage, where both parties have pledged vows for better for worse etc, one side can walk away from the commitment with no fault needed for a divorce to go through.  So it is a "Good Thing" and the new legislation has been put in place for this.

 

However if it is a commercial contract for renting accommodation, new legislation permits one side to terminate the lease, but the other cannot if there is no fault as it would be a "Bad Thing"!

[alison]

Beats me.  My understanding is that it now potentially leaves one party to the marriage without any say in the dissolution thereof, which is crazy.

 

While this isn't a political matter per se now, divorce is of course a very sensitive subject for many people, so if we are going to discuss it please can we bear that in mind.

[zxDaveM]

the no fault divorce is when you both agree to part, so that now one party doesn't have to provide the reason or fault for the parting. If one party doesn't agree, its off to the courts and lawyers you go

 

Renting is a minefield - bad tenants ruining landlords property and/or not paying rent before absconding; and on the other side of the coin,  rogue landlords stuffing horrible, poorly maintained properties with too many vulnerable people often paid for by the taxpayer. Needs sorting

 

[alison]

Thanks for the clarification, Dave. 

 

Yes, I know someone who's had a hell of a time renting out a property because she got taken in by a sob story.  Trying to get the tenant out was a nightmare, especially as the council was advising the tenant on how to be as limpet-like as possible.

[bangorballetboy]

Just to clarify, what Dave says is no-fault divorce is the current position.  The announcement last week was to introduce true no-fault divorce, i.e. both or either party to the marriage can initiate a divorce by notifying the court that the marriage has irretrievably broken down.  The intention is to reduce conflict, allowing couples to focus on important issues like children, property and finances.