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Welcome for ‘no blame divorces’

A legal expert has welcomed the news that a top Judge has called for divorce to be possible without laying blame with either party involved.

Baroness Hale of Richmond, deputy president to the Supreme Court and the only woman supreme court justice, reportedly said she would like to see the requirement for ‘fault’ removed from the divorce process.

Currently, it is necessary for divorcees to select a reason for divorce – adultery, unreasonable behavior, two years’ separation or five years’ separation and desertion for two or more years.

Simon Gledhill, head of the Family team at Napthens solicitors, welcomed the suggestion and said it would help modernise a divorce process which is based on 1970s law.

He said: “The current law dealing with divorces is woefully outdated, and an old-fashioned way of doing things.

“In reality, many divorces occur because a relationship has simply broken down. People assume they can simply say there are irreconcilable differences, but this is not actually a legal reason for divorce.

“This may sometimes lead to couples finding fault where there is none, leading to bitterness and recriminations.

“The suggestions from Baroness Hale make sense. There are concerns this would undermine the concept of marriage, but in practice it wouldn’t be easier to divorce. The suggestions include not being able to divorce for 12 months, with couples also expected to finalise arrangements for children and finances beforehand.”

Family and Divorce solicitor Preston Simon Gledhill