Top family law firm backs “no fault divorce” calls

One hundred and fifty family lawyers are gathering in Parliament today (30 November) to call for the Government to allow a “no fault” divorce.

The organisation of family lawyers, Resolution, is spearheading the campaign to change the law and enable couples to proceed with a divorce without having to attribute blame for it to one of them.

Devon and Cornwall’s leading family law firm Stephens Scown LLP is lending its support to the campaign.

At present, it is not possible for a couple to divorce without blame being apportioned unless they have separated for at least two years. They are required to either record details of their partner’s adultery or their unreasonable behaviour.

As Andrew Barton, a partner at Stephens Scown in Exeter explains: “The requirement for divorcing couples to blame their spouse in a written court document is quite archaic. It rubs against the grain for those individuals who don’t want to antagonise an already difficult situation.

“I sometimes find clients would prefer to rely on their own behaviour or adultery in preference from having to blame their spouse, so as to avoid making the situation worse. Unfortunately that is not allowed in English law. Unless the couple have been apart for two years, the court will only accept a divorce petition based on the other person’s adultery or unreasonable behaviour.”

As Andrew explains: “Marriages often break down due to no fault of neither party. Couples can drift apart, develop different priorities or want to go their separate ways for any variety of reasons for which they should not necessarily be blamed. Much of this is human nature rather than something that ought to warrant the court’s disapproval.

“Ultimately, it has to be wrong to tell couples that if you want to move on with your lives one of you has to blame the other for your separation.”

Resolution’s campaign in support of no fault divorce is backed by 90% of its 6,500 membership.

Stephens Scown is the only firm in Devon and Cornwall to be top ranked in the industry guides of Chambers and Legal500 for its family law work.

Stephens Scown has over 290 staff, including more than 50 partners, across its offices in Exeter, Truro and St Austell. For more information visit www.stephens-scown.co.uk