No-fault divorce: are we a step closer?

Divorce | 9 Sep 2018 5

Stowe Services

On Friday it was revealed that the government is to begin a consultation on introducing “no-fault” divorces. Graham Coy, Partner at our London Chancery Lane office shares his thoughts on the latest development in the calls for divorce law reform.

“The fact the government is at long last beginning to get to grips with the long overdue need to reform our out-dated divorce law is good news.

But two words of caution.

Firstly, this a leaked report and it is said that the government is still to finalise its consultation paper.

Secondly, why is there any need for a consultation paper anyway. There is a need for legislation now. Nothing is known about the Government’s timescale? What will it do at the end of the consultation period? There must be a risk, like many other consultations, it proves to be an excuse for not making decisions.

Couples whose marriages have broken down need the government to act now.”

Graham was based at the firm's London Chancery Lane office. His career as a family law specialist has spanned three decades. He is an experienced advocate, mediator and arbitrator who has worked in all areas of family law.

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    1. Andrew says:

      It could be worse – it could be a Royal Commission, a.k.a. the longest of the long grass.

      How typical of politicians to focus on the comparatively easy bit. For all practical purposes we have divorce on demand; there are few defended divorce petitions and even fewer which fail.

      The tough bit is replacing the present apology for a divorce finance regime. We all know what is needed:

      1. Cast iron prenups.

      2. If there is no prenup, the yardstick of equality for rich and poor.

      3. Then postpone the division if necessary and for so long as is necessary to protect minor children during minority.

      4. And abolish spousal maintenance unless the payer is rich and the payee is bringing up the minor children – to end after minority ends.

      But of course that would require political courage and the willingness to make decisions which are unpopular with a large bloc of voters, which is not the case if they merely tinker with the mechanics. There are no votes to be won in technical law reform but there are none to be lost either!

    2. Helen Dudden says:

      I hope that it could improve divorce outcomes in general. There has been for too long, this attitude of blame, of course, the subject of Domestic Violence won’t be tolerated. I know in international law the blame game remains a serious issue.

    3. P says:

      No fault divorce is wrong advocating it is wrong, I understand the trauma of divorce and having to prove fault, I’ve been through this twice now and I have been subjected to malevolent allegations, which resulted in me being thrown out of my home and alienated from my son. No fault divorce is no remedy to stop the catastrophic horrors of divorce, divorce destroys children’s lives, period, society, that’s a good society, a society not riddled with a pernicious ideology determined to sand away the institution that gave birth to civilization itself would do everything it could to promote marriage and limit divorce.
      Ronald Reagan who signed the no fault divorce law in the USA said it was the worst decision of his political career.
      The author of this blog is wrong, very wrong, his progressive outlook on life runs perpendicular to what gave humanity meaning and purpose, marriage, we denigrate it at our peril, no civilization has outlived the destruction of Marriage.
      I encourage anyone reading this to do some research and find out for themselves.

    4. John says:

      Come on parliament, stop stalling!

    5. Erin says:

      Children that are now adults, parents want to divorce quickly, with no blame involved, why should there be a delay?
      Please Government, make a swift decision to progress a reformed divorce process.

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