In the UK, many couples wishing to divorce are surprised to discover that as part of the process, one party must allege fault of the other. Unless they have been separated for two years or more, one person must be ‘to blame’ for the breakdown of the relationship.

However, this is a step that can cause unnecessary acrimony between couples, and distress for their children and families - especially in cases where no one is ‘to blame’ for the breakdown of the relationship and the couple simply want a straightforward resolution so that they can move on with their lives. In a process where one party has to be blamed for the separation, the potential conflict and animosity can also make life very difficult for parents attempting to work together to raise children.

Legal experts call for ‘no blame’ divorces

In an interview with the Evening Standard last year, Baroness Hale of Richmond called for the introduction of the concept of ‘no blame’ divorces. The Baroness, a respected British barrister, jurist, judge and legal academic, said that the need to allege reasons such as unreasonable behaviour or adultery should be abolished as part of standard divorce proceedings. She, with the backing of other experts in family law, believe that some marriages should be ended simply by saying that the relationship had failed – without assigning blame where there is none.

Government backing

There have been concerns that ‘no blame’ divorces could make it easier for people to separate – which could lead to couples giving up on marriage too easily and UK divorce rates soaring.

However, the Government’s Family Mediation Taskforce has lent its backing to the campaign, and the law organisation Resolution has found that removing blame from divorce will not make people more likely to divorce. Recommending the concept be introduced, Resolution – which has over 6,500 members - suggests that it would make it easier for people to manage separation for themselves and their families with as little conflict and stress as possible. In the April 2015 edition of Family Law, Resolution’s Chair Jo Edwards said:

“Removing the need to allege fault on the part of one party would encourage parties to look forward rather than at what has happened in the past and would facilitate a constructive focus on future arrangements and responsibilities in the best interests of the children. Couples should be free, if they wish to do so, to achieve financial certainty much more quickly after the breakdown of a relationship. We are now lagging behind many of our European neighbours in not having a mutual consent option or a no fault approach that does not involve a substantial waiting period.”

What are your thoughts on ‘no blame’ divorces? Do you think it could make it easier for couples to separate? Or do you agree that the need to attach blame to divorces needs to be abolished?

For advice and guidance to negotiate the divorce process with as little stress as possible, get in touch with the family law experts at Tracey Miller.