Lawyer Calls For 'No Fault' Divorces To End Mudslinging

With the divorce season in full swing, a lawyer has called for the introduction of ‘no fault’ divorces to help ease the pain and trauma of a marriage breakdown.

Angela Moores, family law partner at DWF, says the current system which requires partners to blame each other to obtain a quick divorce leads to unnecessary bitterness and recriminations on both sides. In 2001 the government rejected Law Commission proposals for ‘no fault’ divorces, saying they were unworkable.

Angela says: “January is a key time for couples to embark on a divorce and unless they have been living apart for two years or more, the only way to obtain a divorce currently is to prove adultery or unreasonable behaviour. However as one or both parties makes allegations against the other, the bitterness grows and the conflict spirals, often resulting in a situation that is little short of open warfare.

“This only serves to widen the rift between the parties, and often ruins any chance of them reaching agreement on issues such as the division of property and personal effects. Worse still, it makes it harder for them to co-operate in the best interests of their children. A no fault divorce system would avoid this type of public mudslinging and make divorce less traumatic for all concerned.”

DWF is a member of Resolution, formerly known as the Family Law Association, which believes in a constructive, non-confrontational approach as a way of resolving differences. Members aim to avoid inflaming disputes and encourage parents to co-operate in the interests of their offspring and place the child’s interests’ first.