Henry Hood examines no-fault divorce in Lawyer Monthly

Henry’s article was published in Lawyer Monthly, 16 May 2018, and can be seen here.

Henry Hood, Head of our Family & Relationships department, reflects on the potential transformation of divorce law in light of the Supreme Court hearing of Owens v Owens and recent calls by Baroness Hale for the introduction of no-fault divorce.

Hood explains that for decades, matrimonial lawyers have operated under a tacit understanding that allowed relatively lenient interpretations of “unreasonable behaviour” to facilitate quicker divorces. However, the Owens case has exposed the legal system’s divergence from the strict wording of the Matrimonial Causes Act 1973, which requires clear evidence of one of five specific grounds to prove irretrievable breakdown.

The case, involving a long-married couple, saw the wife’s petition dismissed despite citing 27 incidents of alleged behaviour, as the courts deemed them insufficiently serious, highlighting the inadequacy and rigidity of current law.

Henry argues that the existing fault-based system is outdated and counterproductive, fostering unnecessary conflict and disadvantaging those unable to afford long separations. He notes that other countries have long since adopted no-fault divorce regimes, and the UK’s failure to follow suit undermines both the institution of marriage and the wellbeing of children involved.

While the government has resisted reform, it is simultaneously piloting an online divorce process that removes judicial oversight, creating a paradox where stricter legal standards are being enforced just as the mechanisms for assessing them are being dismantled. Henry warns that unless Parliament acts, the legal profession and divorcing couples alike will be left navigating an increasingly incoherent and unjust system.

Read the full article on the Lawyer Monthly website [external link].