Lawyers urge 'no fault' divorces

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The family law system needs a radical overhaul to include "no fault" divorces, a lawyers' group has said.

Resolution, which represents about 5,000 family lawyers, says the present system creates a "blame culture".

Group chairman Jane McCulloch said it was wrong that "unreasonable behaviour" or adultery had to be proved to obtain an immediate divorce.

There were 141,750 divorces in England and Wales in 2005, 10,940 in Scotland and 2,362 in Northern Ireland.

Ms McCulloch was speaking at the national conference of Resolution, formerly known as the Solicitors Family Law Association, in Manchester.

She said: "Under current law, anyone wanting an immediate divorce has to prove 'unreasonable behaviour' or adultery on the part of their husband or wife.

"This 'blame culture' of unreasonable behaviour introduces a degree of discord and unpleasantness into divorce proceedings from their very inception."

She said Resolution supported provisions in the 1996 Family Law Act for "no-fault" divorces, which were later shelved.

Pre-nuptial agreements

"If the government is serious about promoting amicable settlements through mediation and streamlined courts, it should commit to undertaking a thorough review of family law to deal with these issues," she said.

Such a review could bring family law up to date by addressing issues such as the rights of couples who live together and the position of pre-nuptial agreements, she added.

Last year Court of Appeal judge Lord Justice Wall called for an end to fault-based divorces to help prevent acrimonious break-ups.

He said he wanted a new system which put the needs of children and financial provision at the heart of the divorce process.