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

MHA lists on AIM for £271m Rakesh Shaunak MHA Retouch

MHA lists on AIM for £271m

15 Apr 2025

2

164-home golf course development drives ahead Ingol plans by Northern Trust

164-home golf course development drives ahead

14 Apr 2025

3

Green light for £24m village development Applethwaite Grimsargh site

Green light for £24m village development

14 Apr 2025

4

Homebuilder unveils Clayton-le-Woods development Wain Homes site

Homebuilder unveils Clayton-le-Woods development

14 Apr 2025

5

Blackpool Grand’s restoration project is a triumph Blackpool Grand exterior

Blackpool Grand’s restoration project is a triumph

14 Apr 2025

Pc Prestonmacan Gif980x120 March
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
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200px 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

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

09:00 - 15:30

Pure Leisure Group to Host Job Fair as Part of Recruitment Drive
sllv ext 66.jpg.jpg
LBV Hub Exhibitions
23 Apr 2025 - 23 Apr 2025

Pure Leisure Group to Host Job Fair as Part of Recruitment Drive

South Lakeland Leisure Village, Carnforth, LA5 9RN

09:00 - 17:00

The Business Network Central & East Lancashire
LBV Hub Networking
24 Apr 2025 - 24 Apr 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

People Power: Exclusive Event Series
Stay ahead in 2025.jpg.jpg
LBV Hub Seminars
29 Apr 2025 - 29 Apr 2025

People Power: Exclusive Event Series

People's History Museum, Manchester, M3 3ER

17:00 - 21:00

Planning for the future + navigating Inheritance Tax changes
Planning for the future + navigating Inheritance Tax changes for website.png.png
LBV Hub Seminars
01 May 2025 - 01 May 2025

Planning for the future + navigating Inheritance Tax changes

Stanley House Hotel, Mellor, Blackburn, BB2 7NP, Blackburn, BB2 7NP

08:00 - 10:30

A night at the races
1.png.png
LBV Hub Dinners / Balls
02 May 2025 - 02 May 2025

A night at the races

Morecambe FC, Morecambe, LA4 4TB

19:00 - 23:59

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 Lbv121 Online Graphic
Subscribe now

Weekly news bulletin