The UK’s Supreme Court has recently heard the case of Owens v Owens – a landmark divorce case where a woman has been denied a divorce, on the grounds that her husband’s behaviour was not deemed ‘unreasonable’ enough for the purposes of the divorce petition.
The case has prompted renewed calls from a variety of quarters for the introduction of no-fault divorce in England and Wales.
One proponent for a change in the law is family law body Resolution, which has campaigned for no-fault divorce for decades. Its call for reform has now been echoed by the Marriage Foundation, the President of the Family Division, and the new President of the Supreme Court.
Resolution recently conducted a survey amongst family law professionals, and found that nine out of ten respondents agreed the current law makes it harder for them to reduce conflict and confrontation between clients and their ex-partners.
The survey also found that:
“There is no evidence that fault acts as a buffer to slow the divorce process, and the petition plays no part in determining other factors, such as financial arrangements or what happens to any children the couple may have,” commented Resolution National Chair, Margaret Heathcote. “The current system is outdated, unfair, and unnecessary. It’s high time that we brought more maturity and transparency into the divorce process.”
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