Judge questions courts role in divorce

By Linder Myers

27 Oct 2014

Leading family judge Sir James Munby has indicated that there may be further radical changes to the way in which divorces are dealt with in the UK questioning the need for the courts’ involvement and pushing for reforms to remove the current fault based system.

The announcement, made during a conference in Wales, criticised the Government which according to Munby, ‘has failed to act’ on making the changes which, in his view, are ‘desperately needed – have been desperately needed for at least 40 years’.

Lyndsay Jackson, family specialist at Linder Myers Solicitors in Preston commented: “This is a welcome announcement and, if implemented, would significantly reduce the stress of divorce for many separating couples. Under the current system in the UK, unless there is a period of 2 or 5 years separation, blame has to be apportioned to one of the parties during proceedings. This not only conflicts with recent changes designed to reduce the number of cases escalating to the courts, but is also not what many couples want.

“There are a number of reasons which lead to the breakdown of a marriage including couples who have simply grown apart or fallen out of love over time. It’s difficult in these circumstances when clients are already understandably upset that their marriage has ended to advise them that the law obliges them to blame their partner before a divorce is granted – some simply make a reason up because they have to.

“I share Sir Munby’s view that further reforms are needed to the Family Justice System bringing the UK in line with a number of countries where no fault divorces have been allowed for decades in some cases.”

Australia has allowed for no fault divorces following a 12 month period of separation since 1975 but an element of ‘fault’ is still required in children and financial matters. Canada has a similar 12 month separation period with no requirement for fault to be proved and several European countries including Sweden and Spain also operate a ‘faultless’ divorce system. Jackson continued: “With more out of court options available to separating couples including mediation, collaborative law and arbitration, continuing with a fault based system simply doesn’t make sense anymore.”

Enjoyed this? Read more from Linder Myers

Latest news

1

Kelmore makes two strategic sales manager appointments Cian Steve Alysse 2

Kelmore makes two strategic sales manager appointments

28 Aug 2026

2

Chorley man jailed over £1m illegal streaming operation Preston Courts Copy

Chorley man jailed over £1m illegal streaming operation

28 Aug 2026

3

Vertu names new head of business at Nelson Land Rover site 33088

Vertu names new head of business at Nelson Land Rover site

27 Aug 2026

4

Why wills planning still needs a human touch Victoria Cross Feat Img

Why wills planning still needs a human touch

27 Aug 2026

5

Chorley cruise retailer exceeds £1m sales in Australia in three months Julliana Nasmith And James Cole

Chorley cruise retailer exceeds £1m sales in Australia in three months

27 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

19:00 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

Stop Wasting Time. Start Making Money
Lancaster And Morecambe Logo 1 10 Sep 2026

Stop Wasting Time. Start Making Money

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

Fire Warden Training
14 Sep 2026

Fire Warden Training

Cleveley House Farm, Forton, PR3 1DR

09:00 - 15:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin