Should no fault divorce the way forward? The majority of divorcing couples and families experiencing the difficulties of separation, particularly those with children, will tell you that they would prefer an amicable process with as little upset as possible. A common fear is that once solicitors become involved the couple’s relationship will sour and where children are concerned the emotional harm can be very damaging.
In more recent times common sense has prevailed from Sir Paul Coleridge, Chairman of the Marriage Foundation Charity who commented “ We cannot simply shut our eyes to the family chaos that has arisen in society since the 1980’s” further he stated “Continuing to sit on our hands… shows no sign of working. We need an intelligent constructive debate”.
The Times have been leading the Family Matters campaign with Sir Paul and in response the new Lord Chancellor David Gauke has stated that he will “examine the case for reforming divorce laws that forces couples into damaging and false allegations of blame”.
Nigel Shepherd of Resolution has said in the past, “the government should act to introduce no fault divorce as a priority. Current law pushes couples into citing fault, fostering feelings of injustice and recrimination, increasing stress and anxiety and eroding parents’ ability to focus constructively on future co-parenting. Apart from the obvious benefits to families and society of reducing acrimony on divorce, a no fault divorce process will be far simpler to administer in the new digital age.”
The outcry is not something that has just arisen. No fault divorce has been an issue debated for quite some time between professionals and aired on social media, radio and television increasingly over the past couple of years. In 2016 during ‘Good divorce week’ I was asked to comment on BBC Tees as to how this would impact on separating couples, my opinion remains as it was then – a couple sometimes simply drift apart and separating can be a very difficult decision. Having made their decision it is grossly unfair to expect couples to unnecessarily protract matters creating far more likelihood of ill feeling and resentment.
In addition to The Times credible media publications such as the Economist, respected by many politicians, have acknowledged the value in eliminating the need for blame so that the hardest issues such as finances and child arrangements can be prioritised. Let’s hope the momentum keeps up and we see real change.
For advice on divorce or any other Family Law matters including Cohabitation agreements, separation, disputes over children, pre-nuptial agreements or Grandparent’s rights, please contact Louisa Bestford or Emma Canham from our Family Law department.
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