Nothing unusual about no-fault divorce

Family lawyers’ calls for no-fault divorce are consistent with international trends, according to a report by the Nuffield Foundation.

The report, Reforming the ground for divorce, highlights ‘a broad shift away from fault towards entitlement to divorce, based on the wish of one, or both, parties or following a period of separation’. Written by Dr Jens M Scherpe, Cambridge University, and Professor Liz Trinder, Exeter University, it looks at divorce law reform in eight jurisdictions: Australia, California, Colorado, Finland, Germany, New Zealand, Spain and Sweden.

One recommendation is to reduce the three-step English process to a two-step process, which will make it less complicated for litigants in person. 

Jo Edwards, chair of Resolution’s Family Law Reform Group, said the research ‘provides yet more evidence of the need for change by highlighting global trends moving away from a fault-based approach to divorce.

‘Resolution has long campaigned for a kinder divorce system and an end to the need to apportion blame in divorce, which we know can have a significant adverse impact on children. We welcome this further report and look forward to working with government going forward, following their consultation last autumn on their plans to modernise the divorce system and bring it in line with other jurisdictions across the world.’