No fault divorce: serving the interests of respondents

The government’s commitment to no-fault divorce is excellent news to remove the unnecessary bitterness and inappropriate blame from the divorce process. Parliament decided in 1996 that no-fault divorce was appropriate and 23 years later we are still waiting. Whilst very welcome the draft legislation itself is very poor. It is cumbersome in its language. It is hard to understand the process. Crucially it has several major shortcomings which will have a prejudicial impact on respondents and those making financial claims. In particular its failure to provide that the period of notice runs from the date of service is fundamentally flawed probably human rights non-compliant and cannot be allowed to pass through Parliament. It is a charter for the unscrupulous petitioner who wants to avoid the respondent having the full 26 weeks. Amendments are needed before it becomes law. 

Introduction