Family Practice: Time for a change? – No fault divorce
This month we are examining the impact of a recent Court of Appeal decision on the divorce petition of Mrs Tini Owens. The Court of Appeal have, in refusing Mrs Owens’ divorce petition, buried the possibility of a couple divorcing on a no fault basis.
England and Wales, unlike many other legal jurisdictions, require one party in a divorce to prove the other was at “fault”. When couples apply for a divorce, they must prove that the marriage has “irretrievably broken down” (Matrimonial Causes Act 1973). To show this breakdown, a party has to give one of five reasons:
• adultery
• unreasonable behaviour
• desertion
• separation of two years with consent
• separation of five years without consent