No Fault Divorce

“Here I am seeking to deal with divorces in an amicable manner (they don’t always go that way), and the first thing I have to do is to write to the proposed respondent spouse to explain to him/her why their marriage has broken down and why it is their fault. I seek to find anodyne rather than acidic or vitriolic reasons, but even anodyne reasons to someone who either does not accept them or does not consider their marriage is over will seek to obstruct/fight/delay the inevitable divorce.

Worse still, those grounds of unreasonable behaviour can be rejected by the court, even if accepted by the respondent, as not unreasonable enough.

According to Nigel Shepherd, he gives statistics from Resolution that more than 110,000 people divorce each year. 300 couples get divorced each day.

Reform of the law is long overdue for no fault divorce.”

Rosen’s blog - useful reads for litigants in person

Two people married for love. They had children. The pressure of life/work, financial pressure, emotional pressure, the pressure at work took their toll on both spouses. They grew apart. They found they had different interests. They irritated each other. The romance had gone. They both fell out of love. Who is to blame? and why does it matter?

Unless you have lived separately for more than two years, or your spouse deserted you for more than five years divorce in England and Wales must be based on an irretrievable breakdown of marriage on the basis of adultery or unreasonable behaviour. There does, however, need to be blamed on the part of the responding spouse, and the blame/fault needs to be acknowledged and accepted by the respondent.

Therein lies the problem for a number of reasons, and I set out a non-exhaustive list below:

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