News: Calls to Introduce ‘No Blame’ Divorces in England and Wales to Avoid Blame Game

Currently, in England and Wales, divorce proceedings hinge on the idea of blame – proving that your partner has acted in such a way that has caused an irretrievable breakdown of the marriage. By its nature, divorce is a stressful process which can dredge up unpleasant memories and force individuals to confront past behaviour. The assignment of blame only emphasises this.

In this article, we’re looking at the renewed calls for ‘no blame’ divorces, brought into the public eye following the recent Supreme Court hearing of Owens vs Owens. With so much focus on modernising the justice system, is now the perfect time to bring in a no blame reform?

Owens vs Owens

The case of Owens vs Owens is a pertinent example of how the existing divorce system in England and Wales can exacerbate problems rather than resolve them. Tini Owens married her partner, Hugh, in 1978. They grew a business together, purchased a home and raised children, but the couple have been living apart since 2015. Mrs Owens filed for divorce in that same year, but Mr Owens disputed the allegations in the application, and Mrs Owens’ petition was dismissed by the high court and court of appeal.

The justification is that the examples of ‘unreasonable behaviour’ put forward by Mrs Owens were ‘to be expected’ during a relationship, and did not warrant a complete breakdown of the marriage. Left feeling trapped in her loveless marriage, Mrs Owens took her case to the Supreme Court, arguing that she needn’t prove Mr Owens’ unreasonable behaviour at all in order to gain a legal divorce.

Although the couple have been living separately for three years, because Mr Owens disputed the divorce application, Mrs Owens would have to wait two more years until the requisite five year separation has been reached. After this time, the divorce can go ahead. But Mrs Owens, and her many supporters, believe having a no blame divorce route available from the very beginning would reduce the stress, tension and hostility of divorce proceedings.

The benefits of a ‘no blame’ divorce

The increasing opposition to the existing divorce law in England and Wales comes largely from the idea that it is outdated, and does not match up to the modern relationship or marriage. Appointing blame to your partner invites confrontation and stress, while a ‘no blame’ procedure would instead shift focus on the wellbeing of children, financial health and the provision of a more amicable agreement at the end of a relationship.

If you take away the idea of blame, and proving the wrongdoing of your partner, more energy can be spent on building a fair agreement for all parties. In the case of Owens vs Owens, the dispute on part of Mr Owens came from the allegations of blame outlined in the divorce petition. Would this have been avoided if there was a ‘no blame’ route available? And if one partner feels – and has felt for some time – that their marriage has made them lonely, unhappy and unloved, does this not equate to breakdown of marriage?

Having to assign blame to appease the courts’ standards can drag out a dispute, and is seen in this case as quashing the rights of Mrs Owens who has been left in limbo over the divorce proceedings.

Reducing conflict

Having a ‘no blame’ system not only helps to reduce conflict during and after proceedings, but it also fits better with the way legal advice is provided by family lawyers. The typical aim when an individual seeks legal advice during a divorce, is to build towards an appropriate and fair agreement, and ensuring said individual knows their legal rights and expectations for the divorce itself. Theoretically, a ‘no blame’ divorce fits this process well, as it changes the focus to securing a stable and healthy future once the split is finalised.

Even if one partner does not immediately agree to a divorce, or agree that the marriage has been irretrievably broken down – as is the case with Owens vs Owens – the ‘no blame’ process will better facilitate an agreement, rather than force a greater divide and encourage conflict between the couple.

Goodwins Family Law Solicitors provides an array of legal services for all aspects of family law – including divorce. Our experienced team offer fixed fee consultations and will provide personable and insightful legal support to help you attain the best possible outcome during your divorce proceedings.

If you require the advice of trusted family law specialists, don’t hesitate to contact Goodwins today.