Richard Bacon MP has introduced a private member’s bill to change the law and allow no-fault divorce. It will have its second reading in the House of Commons on Friday. I appreciate that politicians may have more pressing matters to consider at the moment, but as many MPs as possible should be encouraged to vote in favour of it.
Regular readers of this blog will be aware that I am strongly in favour of no-fault divorce. In my experience, so are most family law solicitors. Our current fault-based system does nothing but add unnecessary hostility to the divorce process. No-fault divorce would allow couples to divorce with dignity and put their children’s needs first, without distracting themselves on pointless arguments about whose fault it all is. It would not make divorce easier; it’s already easy, you just have to be unpleasant to each other. It would in no way undermine marriage, nor would it provide more business for divorce lawyers; to be honest, I think that it will lead to less work for me. I may therefore be a turkey voting for Christmas, but I simply cannot understand the argument that says additional conflict in divorce is somehow a good thing that supports marriage.
The bill, if passed, would introduce a new “fact” (i.e. ground) for divorce – one of “no-fault” with a one year cooling off period. The existing grounds of adultery, unreasonable behaviour, desertion, 2 years’ separation with consent and 5 years’ separation would still exist (although I think it would be good idea if we did away with them).
Resolution has produced a very well-crafted briefing paper which I would urge you to read here.
I would also urge you to contact your MP and ask him to support the bill. Your can find your MP on Twitter using Tweet Your MP.