No-Fault Divorce in the United Kingdom

Imagine separating from your husband but never filing for divorce.  Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years.  This is exactly what happened to a woman living in the United Kingdom.

 

Rachpal and Kewal Randhawa were married in 1978 in Berkshire, a county in southeast England.  The couple parted ways and separated in 2009.  Despite separating, the couple still attended family functions as husband and wife.  Rumors spread that Mr. Randhawa had even had a child with another woman, but Mrs. Randhawa stated she remained unaware of his relationship status.

The decree granting the couple’s divorce was filed in 2010 and was recently nullified by Judge Moradifar.  According to the Judge, Mr. Randhawa was “the only person with opportunity and motive to ensure that the divorce proceeded without difficulties.”  It was revealed that Mr. Randhawa married another woman in 2011 and they did, in fact, have a child together.  Mr. Randhawa forged Mrs. Randhawa’s signature on the official court documents to ensure the divorce was granted in a timely manner.

 

No-fault divorces are set to become legal in England and Wales on April 6, 2022.  This comes after much campaigning for the law to be changed.  At present, the divorce laws of England and Wales operate under a fault-based system where the official grounds for divorce, such as adultery, must be cited within the legal documents.  With no-fault divorces, couples can get divorced solely on the basis that the marriage has irreparably broken down and the two are no longer compatible.

 

North Carolina is a no-fault divorce state.  In North Carolina, most divorces are no-fault divorces; however, fault can still play a role in some divorces.  In these instances, the spouse will often file for divorce from bed and board.  Obtaining a no-fault divorce in North Carolina requires that you and your spouse must live separate and apart for 12 consecutive months (minimum) with the intent of at least one of the parties not to resume the marital relationship, and at least one spouse must have been a resident of North Carolina for at least six months before initiating the divorce proceedings.