No-Fault Divorces — For Better or for Worse?

The Divorce, Dissolution and Separation Bill has been met with near-unanimous approval in the House of Commons. 231 MPs voted in favour of the bill during its second reading, compared to only 16 who voted against it. If it’s true that our government really does represent the views of the nation, then it’s clear that new, no-fault divorces, which remove blame from the divorce in a bid for reconciliation, will be welcomed with open arms.

But are we committing to this bill too soon? Are we doomed to regret it? Goodwins Family Law Solicitors, one of London’s leading law firms, are among a slew of law and financial specialists who have voiced concerns with the Act. They claim the new law may negatively affect the aggrieved party in the divorce, leading to the exact opposite of what the Act sets out to achieve.

The reality is that sometimes for a  spouse fault matters. If a spouse commits an egregious act, it won’t simply be forgotten as a gesture of good faith. In certain cases, the aggrieved party may wish to find other ways of expressing their aggrieved feelings’. And is it any wonder? Divorces represent the irretrievable breakdown of a joyful, loving relationship; they are, by their very nature, emotionally charged. Traditional divorces provide either or both parties the opportunity to temper their ill will. Any attempt to ignore their grievances will could result in more hostility.

Ray Barda, Principal of  Goodwins Family Law, comments: 

“Having worked in divorce law for decades, we’ve heard and seen first-hand how many of our clients feel about their divorce. People want to get things off their chest, and no-fault divorces do not allow for this.”

While the bill has been introduced in good faith, it simply misjudges the dynamic of the relationship.

The Justice Secretary, David Gauke had this to say: 

“Frankly, we are not going to keep marriages together by having a divorce process that just makes it more acrimonious and tries to apportion blame in such a way that the couple are likely to have a weaker, poorer relationship subsequently than they would otherwise do.”

The misstep here is ignoring that the damage has already been done. Any couple that has reached the divorce process will have experienced and most likely displayed their acrimony long before stepping foot into a lawyer’s office. It is noble to want the children to be afforded a reprieve from their parent’s hostility, but the children of divorcing parents are rarely under any illusion about the status of their parent’s relationship.

Then there’s the issue of splitting the assets, an already elaborate affair that may be made more thorny by the introduction of no-fault divorces. In many cases, understanding the ‘fault’ is a precursor to the decision. With less clarity and opportunity to express a spouse’s views, the process may become more cumbersome to resolve. 

This, compounded with the added stress that could lead to poor decision-making, could leave individuals in an unfair position. Concern is already growing about how the new law may impact women in particular. As women generally have a smaller pension than men, approaching the asset split on a level playing field could leave women in a worse financial position than their spouse — even in circumstances where the irretrievable breakdown of the marriage was not their fault.

But perhaps only time will tell whether no-fault divorces intensify or alleviate the hostility between divorcing couples. Goodwins Family Law Solicitors are among many specialists that will watch closely with a sceptical eye. As members of The Law Society with over 25 years’ experience in Family Law, the firm have achieved favourable outcomes for clients across the world. More than just solicitors, they offer themselves as a professional point of contact for emotional support, as well as legal advice. Firms such as Goodwins will continue to voice their opinions on current and future legal changes pertaining to divorce law to ensure that everyone going through a divorce receives the outcome and relief they deserve.