This is a blow to many family law lawyers, such as ourselves, who feel that a no blame system, such as the ones that already work in Canada, America, Australia and Spain, would offer a fairer solution to many couples who want to divorce, but without the acrimony.
No current plans to change divorce law
Lord Keen, justice minister and spokesperson for the House of Lords has said “Whilst we have no current plans to change the existing law on divorce, we are considering what further reforms to the family justice system may be needed.”
Woman takes case to Court of Appeal after judge refuses divorce
In another piece of news that has hit the headlines this week, 66 year old Tini Owens has taken her divorce case to the Court of Appeal, after a Family Court judge, Judge Robin Tolson, refused to allow her to divorce her 78 year old husband, Hugh. Mrs Owens had applied for a divorce based on her husband’s unreasonable behaviour and that the marriage had irretrievably broken down. Mr Owens denied the allegations and the judge refused to grant the divorce saying that the allegations were “of the kind to be expected in marriage”. At the Court of Appeal this week, Mrs Owen’s legal representative told the three appeal judges, which included the president of the Family Division, Sir James Munby, that they had to consider the “cumulative effect of what might be classed as a long list of trivial matters”.
Missed opportunity to introduce no fault divorce
Nicola Cancellara
Family solicitor, Nicola Cancellara, says
“We await the decision of the Court of Appeal. In relation to the government’s decision not to introduce ‘no fault’ divorce; I am disappointed. The Owens case is good example of why it is so disappointing as clearly the fact that Mrs Owens has taken the case to the Court of Appeal is evidence in itself that the marriage has broken down irretrievably, and the cost in making the appeal will be great. I think the government has missed a great opportunity to hear what divorce lawyers – those people who are in the forefront of the reality of marriage breakdown – are saying, and take note.”
Read our articles on no fault divorce:
