Divorce can be nobody's fault – the law should do more to recognise that
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Sharon Thompson, Cardiff University
The law affecting families in England and Wales is changing. Since legal aid was withdrawn in family law cases by legislation in 2012, resolving disputes amicably on divorce has never been more important. People are having to navigate a complex legal framework without legal support at the most emotionally fraught time of their lives.
But the law itself is failing divorcing couples by making compromise more difficult. It effectively encourages spouses to attribute blame even when no-one is at fault. Family lawyers and leading judges are now calling for legislative reform.
Since the 1970s, the sole ground for divorce in England and Wales is irretrievable breakdown of the marriage. This is established on proof of one of five facts: adultery, behaviour, desertion, two years separation with consent or five years separation without consent. The latter two facts require no fault but do mean years of waiting – and if a couple mutually wish to divorce th...
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