Law Society wades in on case for no-fault divorce

Wiseman AdminDivorce, Family LawLeave a Comment

Removing blame from the divorce process will allow separating couples to “focus on what really matters”, the Law Society has said.

The regulator has joined other organisations, such as family law body Resolution, in showing its support for no-fault divorce.

In its response to a recent Government consultation, the Law Society said the current requirement for divorcing couples in England and Wales to allege one of five fault-based facts “exacerbates conflict between separating partners”.

Under current legislation, couples are required to live apart for at least two years or blame the other partner by alleging adultery or acting in an unreasonable manner.

Echoing the wider views of Resolution, who have previously warned that a fault-based system is particularly harmful to children, Law Society president Christina Blacklaws said: “It makes it much harder for separating parents to focus their minds on the needs of their children when making child arrangements.”

She added: “Introducing ‘no-fault’ divorce would change the way couples obtain a divorce – for the better.”

The Law Society, the professional association that represents solicitors in England and Wales, has also called for the reintroduction of Legal Aid for early-stage advice.

Ms Blacklaws said recent Legal Aid cuts have resulted in more people finding themselves in court “dealing with unfamiliar procedures in order to try and sort out the future of their children, family home and finances”.

She said: “At an emotionally traumatic time such as divorce or separation, parents want and need legal support in order to put the best interests of their children first. It is essential that couples are supported throughout the process. Family law is one area where early advice actually saves money. It can help resolve problems sooner and prevent some legal issues from escalating into costly court cases.”

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