No fault divorce

9 May 2013

It may be that the majority of people consider that divorce today is simply based upon irretrievable breakdown and therefore there is a suggestion that there is no fault.  However as can be seen from our website the irretrievable breakdown must be proved by showing either adultery, unreasonable behaviour, desertion, two years separation or five years separation.  It goes without saying that the first three ways of proving irretrievable breakdown clearly show fault on one of the parties.

However, Britain’s Leading Family Law Judge, Sir Nicholas Wall, recently renewed calls for “No fault divorce” which could see couples granted quick legal separation without one party accepting the blame.  He indicated that he could see no good arguments against “no fault divorce” as society moves away from viewing permanent separation as shameful.  He also claimed that divorce was now “an administrative process” rather than judicial and said that it was no longer important to demonstrate that you were the innocent party.

Will it happen? It is going to be a case of “watching this space” with such a Senior Judge making such statements it is likely that a Government of any colour will consider going down the route of “no fault divorce”.

This particular Judge has also indicated “although good Lawyers cost money, they also save it”. 

If you are considering starting a divorce or you are unmarried and embarking on a separation and you would like any assistance please contact our family law team for an initial free consultation by telephoning 01245 228126 or emailing

You can also now catch us on twitter: @geppsfamilyteam