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

Architectural designer becomes youngest Civic Trust chair Nixie Edwards

Architectural designer becomes youngest Civic Trust chair

06 Nov 2026

2

Carousel tax fraudster loses £90m court appeal Arif Umarji Patel The Seized Ferrari Counterfeit Underwear Container With Counterfeit Clothes Inside 002

Carousel tax fraudster loses £90m court appeal

05 Nov 2026

3

Combined authority takes control of £45m adult skills fund Welding Bootcamp Learners In A Practical Lesson At Lancaster And Morecambe College

Combined authority takes control of £45m adult skills fund

05 Nov 2026

4

Legal View: Finding the right separation route Amy Harris Feat Img

Legal View: Finding the right separation route

05 Nov 2026

5

Panache Cruises in triple appointment Panachecruises

Panache Cruises in triple appointment

05 Nov 2026

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

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

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

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance
Untitled design (11).png.png 10 Nov 2026

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance

Online - Microsoft Teams

11:00 - 11:45

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

Preston Tech Connection: People Behind The Ideas
11 Nov 2026

Preston Tech Connection: People Behind The Ideas

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

The Business Network Central and East Lancashire
12 Nov 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Ai in business: protect, innovate & grow
Door4 Forbes 12 Nov 2026

Ai in business: protect, innovate & grow

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity
N123_1200x400px_Title&Subtitle (1).png.png 12 Nov 2026

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity

Leighton Hall Estate Storrs Lane, Carnforth, LA5 9ST

09:00 - 16:00

Lancaster District Business Support Expo
Lancaster And Morecambe Logo 1 18 Nov 2026

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

09:00 - 13:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin