Time for the blame game to end

I cannot count the number of times I have been asked by a client why they cannot simply divorce because they no longer want to be married. It is hard to explain why a modern society like ours, still enforces a system that encourages blame.

Currently, if you want to divorce you must satisfy one of 5 facts such as two years separation with consent, adultery or 5 years separation. More often than not, couples do not want to wait for two years before they divorce, and so they are forced to cite unreasonable behaviour. Two years is a long time for anyone to put their lives on hold, particularly where young children are involved. This means that one of them have to identify the other’s behaviour as the reason for the breakdown in their marriage.

It is my experience that where couples were once amicable and keen to approach matters in a conciliatory way, attitudes change where one party makes allegations about the other’s behaviour, allegations that inevitably upset the other party. Fault based grounds tend to only increase the level of acrimony and conflict as it forces the parties to focus on what has gone wrong rather than find a positive way forward.

I agree that in order to end such an important relationship, there should proper reflection and examination with both parties taking time to consider whether that relationship can be repaired. But perhaps, rather than fuelling the fire with fault based grounds, no fault divorce is the way to go.

Kelly Longmore comments following on from Guernsey agreeing to make divorce law ‘reflective of modern society’ the BBC reports.

For further information on any aspect of Family Law please contact our Family Law team on 01908 660966/ 01604 828282 or email family@franklins-sols.co.uk.