Is no-fault divorce the way forward?

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16 April, 2018

Britain's top family judge, Sir James Munby has suggested that no blame divorce should be introduced for those people "trapped in a loveless marriage". According to the current law, those wishing to apply for a divorce must show that their marriage has broken down irretrievably on one of the following grounds - adultery, unreasonable behaviour, desertion, 2 years' separation with consent and five years' separation.

Sir James Munby making reference to the controversial case of Owens v Owens, which was before him in the Court of Appeal last year and is currently before the Supreme Court, has backed calls for reform to the marriage law. In the instant case, the applicant wife has been forced to stay married to a man whom she wishes to divorce.

To read the article, please click here. (accessed: 16th April 2018)


Owens v Owens [2017] EWCA Civ 182

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