Senior Judge Wants To Make Separations Less Stressful

Married couples in the UK should be able to have "no fault" divorces that make separating less painful and stressful, Britain's most senior female judge has said.

Baroness Hale, Deputy President of the Supreme Court, said in an interview with the Evening Standard that such a move would allow couples to end their marriages simply by saying the relationship had failed, without implying blame on either side.

She believes her proposal would make it easier for couples to settle the terms of their divorce without becoming entangled in lengthy and acrimonious court battles.

Baroness Hale said: "You would make a declaration that your marriage had irretrievably broken down and if you were still of that view a year later, then you get your divorce. That's that.

"You would use the waiting period to attempt to reach agreement on what was to happen to the house, the money, the children, and everything else."

Under current legislation, a spouse who wants to divorce must cite one of five reasons, of which "unreasonable behaviour" is the most common.

This usually obliges one partner to produce a list of the other's failings, which Baroness Hale says is "not a constructive place to start".

Expert Opinion

We have long backed the calls for the introduction of no-fault divorce, as it is a common sense approach which could be applicable to so many couples. <br/> <br/>"People tend to assume that when they seek a divorce it should be straightforward, but in our experience many are surprised to learn that those who start the divorce process have to allege the fault of the other party unless they have been separated for over two years. <br/> <br/>"Unfortunately, this process often only serves to create disputes between parties and can create an acrimonious atmosphere which does not assist in the resolution of matters concerning the family’s finances or arrangements for the children. <br/> <br/>"People who come to us for help simply want advice and support to separate as quickly and smoothly as possible, and a change on no-fault divorce would have a huge impact in this regard."