Judge calls for ‘no-fault’ divorces

The most senior family law judge in England and Wales has called for the introduction no-fault divorces, allowing people to get divorced without having to blame themselves or their partners for the breakdown of their marriage.

Sir Nicholas Wall, president of the High Court’s Family Division, said there are “no good arguments against no-fault divorce” as the public no longer regards divorce as shameful. Speaking at a recent meeting of Resolution, formerly known as the Solicitors Family Law Association, he said:

“At the moment, as it seems to me, we have a system – so far as divorce itself is concerned – which is, in fact, administrative, but which masquerades as judicial.

“No doubt this has its roots in history. In the 19th century and for much of the 20th, divorce was a matter of social status – it mattered whether you were divorced or not, and if you were, it was important to demonstrate that you were the ‘innocent’ party.

“All that, I think, has gone. Defended divorces are now effectively unheard-of.”

Sir Nicholas was part of an advisory group that supported the introduction of no-fault divorces in the Family Law Act 1996, but the plans eventually did not go ahead.

“There are always two sides to every story. Having to cite your spouse’s adultery or unreasonable behaviour is bound to up the ante at a time which is very stressful for all concerned.

“Increasing number of clients do not want to go down the path of blaming the other for the breakdown of the marriage. They want to end their relationship in as dignified and civilised way as possible. By removing the requirement to prove fault, couples will be better able to focus on issues such as the children’s welfare and a fair division of the marital assets.

“That is not to say that it should be made easier for couples to divorce. I think that couples (with exceptions for instance where there has been domestic violence) should be obliged to attend marriage counselling before a divorce petition is issued. If that fails, counselling services should be made available for all couples on an individual basis perhaps at no initial cost.

“This could help ameliorate hostile feelings and support them through the legal process. It would help make the legal process less adversarial as couples can therapeutically address their grief and loss and then start the healing process.”

Our Family and Matrimonial team helps families across West London and Bucks. For advice, contact a member of the team, call us on 01494 790058 or email familylaw@ibblaw.co.uk.