The Folly of Fault in Divorce Proceedings

Research recently published by the Nuffield Foundation (Finding Fault) has evidenced that the current law increases conflict and suffering for separating couples and encourages dishonesty.

As it currently stands, unless you are prepared to wait two years for a divorce (or five if your spouse does not agree to the divorce), you must blame your spouse for the breakdown of the marriage, citing adultery or unreasonable behaviour. The ‘fault’ will not impact on the financial proceedings or an application to the Court to consider the arrangements for the children (except in exceptional circumstances where that behaviour would be relevant irrespective of its inclusion on the divorce petition). It is therefore, in my view, a folly to become engaged in an argument regarding the drafting of the petition – unfortunately, however, it is an unavoidable folly in many instances when emotions are running high, especially if one or both parties are not represented.

The law needs to change. A fault-based system does not protect the institution of marriage; it forces people to look backwards and place blame, when they should be looking forward and working towards a resolution with as little conflict as possible.

Talk to IBB Solicitors about divorce today

The divorce process can be long-winded, confusing and stressful. For expert insight and friendly advice, talk to experts at IBB Solicitors today. Whether you’re looking for a quick, stress-free end to your marriage, want to contest parts of your separation or simply want more information on the divorce process, we can help. Call us with no obligation today on 03456 381381 or email us at familylaw@ibblaw.co.uk