32
ISSUES: Marriage
Chapter 2: Divorce
can consent to divorce after one
year of separation without blaming
either person, divorce rates are also
decreasing.
Resolution’s campaign for the removal
of fault-based divorce highlights
the pressing problems with divorce
law in England and Wales. Fictional
allegations of fault are exacerbating
bitterness at a time when spouses
must go increasingly through to the
divorce proceedings without any legal
support.
12 December 2016
Ö
Ö
The above information is reprinted
with kind permission from
The
Conversation
. Please visit www.
theconversation.com for further
information.
© 2010–2017,
The Conversation Trust (UK)
MPs need to get behind
no-fault divorce if they're
serious about reducing
family conflict
T
omorrow (4 December) MPs are
due to debate the introduction
of no fault divorce, as Richard
Bacon MP’s No Fault Divorce Bill has
its second reading. Leading family
law organisation Resolution is urging
MPs to support the principle of no
fault divorce if they are serious about
reducing family conflict and the
ongoing impact of divorce.
Resolution chair Jo Edwards says:
“We know that our current fault-
based divorce system achieves
nothing
besides
escalating
conflict during divorce. It does
not act as a deterrent, nor does
it help couples to salvage their
marriage. The latest data from
the Office of National Statistics
shows
that
114,720
people
divorced in England and Wales
in 2013, despite fault-based
petitions.
“We are pleased to see Richard
Bacon’s Bill having a second
reading. If MPs are serious
about reducing family conflict
and the trauma that can be
caused by divorce, I would urge
them to support the Bill as a
welcome step towards removing
the requirement of fault from
divorce.
“Removing
the
blame
from
divorce, as proposed in Richard
Bacon’s Bill, would help couples
who both wish to bring their
relationship
to
a
dignified
conclusion and move on with
their lives without the need for
accusatory mud-slinging. This
outdated system needs urgent
revision – a civilised society
deserves a civilised divorce
process.”
Recent
research
published
by
Resolution shows that the fault-based
nature of divorce in England and
Wales, which requires one person
to accuse the other of adultery or
unreasonable behaviour to have their
divorce granted within two years of
marriage breakdown, is driving over
a quarter (27%) of divorcing couples
to make false allegations to the court.
Resolution’s research, carried out by
YouGov (June 2015), found that:
Ö
Ö
52% of divorce petitions were
fault-based
alleging
either
unreasonable
behaviour
or
adultery
Ö
Ö
27% of divorcing couples who
asserted blame in their divorce
petition admitted the allegation
of fault wasn’t true, but was the
easiest option.
Resolution has campaigned for many
years for the introduction of no-
fault divorce, which was provided
for in the Family Law Act 1996 but
never implemented. Resolution has
produced a briefing on no-fault
divorce which has been sent to MPs
ahead of tomorrow’s debate.
Resolution’s
Manifesto for Family Law
,
endorsed by leading relationship
and legal organisations including
Relate, One Plus One, Only Dads and
the Family Law Bar Association, calls
for the removal of blame from the
divorce process, bringing England
and Wales into line with other modern
jurisdictions including the United
States, Australia and Spain.
3 December 2015
Ö
Ö
The
above
information
is
reprinted with kind permission
from Resolution. Please visit
for
further information.
© Resolution 2017
