No-Fault Divorce For All?

Sir James Munby, president of the Family Division of the High Court, has called for the idea of fault or blame to be completely removed from divorce.

He has also suggested that divorce could largely be taken out of the court system altogether, with marriages dissolved by officials instead of judges, in a similar way to the registration of births or deaths.

Christian campaigners have said that removing the idea of fault risks “downgrading” marriage. The president has insisted, however, that rather than undermining the sanctity of marriage, his proposal would simply introduce “a bit of intellectual honesty” about how society has changed.

He explained: “Elsewhere there are countries where the system is that a divorce which is by consent and where there are no children is treated as an administrative matter dealt with by what, using our terminology, one might describe as the registrar of births, deaths, marriages and divorces. It seems to work.”

It remains to be seen whether the president’s proposals for reform will be implemented. Whilst it could be a faster and cheaper way to bring marriages to an end, the idea is likely to be politically sensitive – certainly the current government has emphasised its commitment to ‘family values’ and so might be reluctant to introduce legislation which some might consider to undermine the institution of marriage. Watch this space!

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