An article in the Guardian today quotes Mr Justice Wall saying that the time had come for no fault divorces. I entirely agree. That is not to say that he or I or anyone who supports that argument are saying that divorce is an easy option or that marriage is not a good thing. The reason is, that starting a divorce with blame and an adversarial approach means that it is really hard to acheive an amicable divorce. It is unusual for both people to want a divorce and to be on the receiving end of a partner wanting to leave plus the shame and embarrassment of them quoting all sorts of nasty things in the divorce petition in order to secure a divorce doesn’t help an otherwise painful situation. What is the point of saying, yes you can break up your relationship but before you do, you must think of some horrible habits and behaviour of your ex in order to get your divorce. Mr Justice Wall is right when he says divorce is administrative and should not be judicial. By all means use the Court if things aren’t agreed as a a last resort, but blame the other person for something which at the end of the day has been a two way dynamic? No. It starts the whole process of on entirely the wrong foot. You can read the Guardian article here: http://bit.ly/HdYSN4
