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Baroness Hale calls for "no fault divorce"

Apr 30th, 2018

Mark Day, Partner and Head of Family Law

Baroness Hale, the President of the Supreme Court, has called for divorce reform.

Baroness Hale, whe champions the "no fault divorce", has said that current divorce law is "confusing and misleading" and that it can provoke bitterness, making the situation worse for children whose parents are separating.

Currently, unless parties have lived apart for a period of at least two years, they must rely on antiquated fault allegations introduced by a statute in 1973. This means that fault has to be alleged either in the form of "unreasonable behaviour" or "adultery".

This is a nonsense in circumstances where the financial aspects of divorce are resolved without reference to fault and in the vast majority of cases there is not reference to fault when determining issues relating to children.

We will keep our fingers crossed for common sense to prevail.

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Mark Day

Partner and Head of Family Law

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