The Case for No-Fault Divorce

There has been a great deal of press coverage of the ongoing ordeal faced by Mrs Tini Owens in securing a divorce from her husband,  Hugh, who is contesting this.

Mr and Mrs Owens married in 1978 but have lived separately since 2015.  Mrs Owens’ petition references her husband’s unreasonable behaviour but so far she has failed to convince two courts that she cannot be reasonably expected to live with him as a result of his behaviour.  The case went to the Supreme Court, the highest court in the UK, on 17^th May and the judgement is awaited at the time of preparing this article.  Mrs Owens’ case is that she should not have to prove her husband’s unreasonable behaviour.  The case has caught the attention of both family lawyers and the public alike because it is so unusual.

Currently, the law states that people wishing to immediately divorce must rely on one of two facts, either, that their spouse has committed adultery or they have behaved unreasonably.

A further option is for both parties to consent to a divorce on the basis that they have been separated for a period of at least two years. Two years of desertion by one party remains an option but this is very rarely used.  If none of the above is available then there must be a separation of at least 5 years.

The recent Owens case has reinvigorated the campaign for the concept of a no-fault divorce.  The fact is that requiring someone to set out allegations against the other increases unnecessary conflict which in the many cases can influence the way the entire case is dealt with.  Far from encouraging amicable relations, parties are immediately set against one another from the outset.  There is a genuine need to remove the requirement of blame in many cases.  To reduce the conflict this causes would undoubtedly create a more positive atmosphere in which to resolve other issues such as the care of the children and the couple’s finances.

The Chadwick Lawrence family law team support the ongoing campaign for no-fault divorce and we have written to our local MPs to raise the issue and seek support.  Sarah Power, Head of the Family Team at Chadwick Lawrence commented “to bring in a system of no-fault divorce would quite rightly allow couples to focus on the more important issues which need resolving such as the pattern of care for any children or how they are going to share the assets rather than focussing unnecessarily on the reasons that the marriage has broken down.  To be forced to attribute blame can often be a painful and demeaning process which detracts from the bigger picture.”

Facing divorce can be a difficult and stressful time.  It is important that you seek some specialist advice at an early stage.  Our team of family law experts can guide and support you through the process with practical and cost-effective advice.  The team offers flexible appointments and an initial free half-hour appointment at any of our offices across West Yorkshire.  If you need to find out where you stand contact us on 0800 015 0340.