No fault divorce: lawyers demand reform

At its National Conference on March 21 in Bristol, Resolution, the organisation representing Family Lawyers called on the Government to take the blame out of divorce and separation by introducing a no fault divorce.

Under current law, it is insufficient to show simply that there has been an irretrievable breakdown of marriage. If you want to divorce by mutual consent, you have to wait two years.  If there is no consent, it is five years.

The only immediate grounds for divorce in this country remain adultery or unreasonable behaviour which reinforces a “blame” culture.  In my experience, this causes unnecessary delay and acrimony at the outset in an already distressing process.

Previous attempts to reform the law have failed on the basis that a no fault divorce would increase breakups rather than help families.  It is my view that it is only after much soul-searching and often counselling that steps are taken to commence the divorce process and a change in the law would be unlikely to cause people to rush into something they subsequently regretted.

I am a supporter of any steps that can help prevent or reduce the trauma for the whole family that inevitably accompanies a split and would call upon the Government for an overhaul of the divorce laws to achieve this.