Are we getting closer to no fault divorce?

Hats off to Resolution and all those who attended Parliament on 30 November 2016 to call on the government for no fault divorce. On the day 150 family lawyers and other professionals came to Parliament to meet with MPs and Peers on the subject. It really is high time that this issue was given serious consideration by the government after all we’re almost in 2017 but our legal concept of fault-based divorce seems more in line with 1817!

As if separating couples did not have enough on their plate to deal with not least of all the emotional fallout of separation I find that clients are continually surprised when they learn that the only way of lodging a divorce petition at court in a non-acrimonious way is if they have been separated for 2 years or more.

This is especially the case with Muslim clients who are aware that Islamic law allows the concept of Khula which is the Islamic version of consensual no fault divorce. 

Khula has been an option for Muslim couples since the advent of Islam over 1400 years ago.  It has been covered in...

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