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

County council's scaleup support creates more than 100 jobs Scaleup Leaders Network Participants 2022

County council's scaleup support creates more than 100 jobs

26 Jul 2024

2

Group outlines multi-million-pound regeneration plans for Preston Preston 35 Launch

Group outlines multi-million-pound regeneration plans for Preston

26 Jul 2024

3

How to be better than your biggest competitor Neil Burrows 2024 2

How to be better than your biggest competitor

26 Jul 2024

4

Behind the scenes of Root Fifty-Two's Pendleside Hospice refreshed brand Pendleside – 2 (1).jpg.jpg

Behind the scenes of Root Fifty-Two's Pendleside Hospice refreshed brand

26 Jul 2024

5

How to build mental strength How to build mental strength .png.png

How to build mental strength

26 Jul 2024

Bec Web Strip 980x120
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
Lancashire Built Environment Conference
BEC 315 X 315 Px
Networking
25 Sep 2024

Lancashire Built Environment Conference

Conference and Exhibition Centre, Winter Gardens Blackpool, FY1 1HL

08:30 - 13:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 1
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
30 Jul 2024 - 08 Oct 2024

Skills Bootcamp in Procurement - Cohort 1

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Preston Freelancer MeetUp and Coworking Day
Screenshot 2024-06-13 at 13.55.10.png.png
LBV Hub Networking
30 Jul 2024

Preston Freelancer MeetUp and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Scaling your revenue: From zero to £1m in 60 months
CBP-logo LBV.png.png
LBV Hub Webinar
31 Jul 2024

Scaling your revenue: From zero to £1m in 60 months

Online, Online, Online

08:00 - 09:30

Chamber Breakfast Networking
Chamber Logo1.png.png
LBV Hub Networking
31 Jul 2024

Chamber Breakfast Networking

Pye Motors, Morecambe, LA3 3PF

08:00 - 10:00

International Coworking Day Open Day
1.png.png
LBV Hub Social
09 Aug 2024 - 09 Aug 2024

International Coworking Day Open Day

Society1 Coworking Space, Prestin, PR1 3 LT

10:00 - 13:00

Knowledge & Networking: Basic Digital Marketing
Chamber Logo1.png.png
LBV Hub Seminars
12 Aug 2024

Knowledge & Networking: Basic Digital Marketing

Lancaster Golf Club, Lancaster, LA2 0AJ

14:00 - 13:00

Understanding Menopause
menopause.png.png
LBV Hub Webinar
15 Aug 2024

Understanding Menopause

x, Online, x

12:30 - 13:15

Sub36 Networking Event - The Bee Centre
Sub36 Socialbee Centre
Networking
15 Aug 2024

Sub36 Networking Event - The Bee Centre

The Bee Centre, Chorley, PR6 8LZ

15:00 - 17:00

Mini Networkers - Family Fun Morning
CBP-logo LBV.png.png
LBV Hub Networking
16 Aug 2024

Mini Networkers - Family Fun Morning

Community & Business Partners CIC, Blackburn, BB2 3UA

10:00 - 13:00

Morecambe Bay Walk 2024
bay1.jpg.jpg
LBV Hub Fundraisers
17 Aug 2024

Morecambe Bay Walk 2024

Sets off from Arnside, Carnforth, Cumbria Finishes at Grange Promenade, Kents Bank, Arnside, LA3 3LL

15:00 - 17:30

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 LBV116 Online Graphic
Subscribe now

Weekly news bulletin