Family Solicitors

We live in a society where 42% of marriages in England and Wales end in divorce. Under the Matrimonial Causes Act 1973 in England and Wales, couples seeking a divorce must show their marriage has “broken down irretrievably”. The applicant must then rely on one of the five grounds including: adultery, unreasonable behaviour, desertion, 2 years’ separation with the respondent’s consent or 5 years’ separation should the respondent not consent.

Current divorce law is based upon the requirement to apportion blame. Using grounds of either adultery or unreasonable behaviour is likely to lead to more acrimony reducing the possibility of couples engaging in mediation and coming to an amicable agreement. Individuals often become bitter and hostile towards one another and find it difficult to focus on more important factors of a divorce such as the arrangements for any children involved.

In July 2018, the high-profile divorce of Mr and Mrs Owens sparked significant media attention when the Supreme Court ruled that even though the marriage had irretrievably broken down, Mrs Owens could not divorce her husband as the examples of her husband’s unreasonable behaviour were not sufficient to satisfy the test. Mrs Owens has now exhausted all options to appeal the petition so she must remain married to Mr Owens until 2020 when she can apply for a divorce on the basis of 5 years continued separation. Supreme Court President, Lady Hale, expressed that she found the case “very troubling...” however that it “is not for us [Judges] to change the law laid down by parliament.”

In September 2018, following the case of Owens v Owens [2018] UKSC 41, the Ministry of Justice instigated a consultation. In April 2019, the government published its response to the consultation which confirmed that new legislation would be introduced as soon as parliamentary time becomes available. Parliamentary time is currently devoted to Brexit and so it is unclear when discussions surrounding the proposed legislation can begin.

The reformed legislation proposes to retain the concept of an irretrievable breakdown of the marriage however; it would abolish the five grounds. Instead, either party would be able to submit a statement of the breakdown of their marriage to obtain their divorce.

It is also proposed that there will be an option for a joint application for divorce. The proposed reform requires a minimum six month “cooling-off” period from the date the petition is filed. This will allow parties to reflect on their decision to divorce. After the 26-week “cooling off” period has ended either party would be able to apply for a final divorce. The reformed law would also abolish the other party being able to contest the divorce.

The concept of no-fault divorce is not an unthought-of model; countries including Scotland, USA and Australia have all introduced no-fault divorce laws. However, the closest England and Wales got to was the Family Law Act 1996 which introduced these provisions however, research concluded that the concept would fail and so in 2001 the legislation was repealed.

Introducing no-fault divorce would help to reduce family conflict. Beginning the divorce proceedings by blaming the other party only makes things more adversarial than needed. Focusing on blame is neither productive nor constructive. Blaming someone for past mistakes does not rectify the past. Including fault into divorce proceedings can make it more difficult for parents to develop a positive relationship with each other in order to co-parent any children of the marriage. It is potentially harmful for children to hear that one of their parents has ruined the marriage and is the reason for the divorce. This can cause a child to take sides with one parent and potentially losing out on having a positive relationship with both parents.

The proposals for reformed legislation in respect of divorce are long overdue. It is clear that the current law is not in line with society’s view on marriage and divorce and that the impact on families, particularly children, is tremendous. Introducing a no-fault divorce system would help alleviate family conflict, save families money and reduce the caseloads of the family courts. No-fault divorce has been considered and discussed for several years and so legal professionals live in hope that the time has finally come for the law on divorce to be reformed.


Author Gabriella Slater is a Caseworker in the family and child care department, based in the Shepherd’s Bush, London office. She assists the team on a number of child care law matters including; child protection conferences and PLO meetings. She also prepares letters for clients, organise bundles and attends Court for hearings on a wide range of child care matters.

Gabriella is supervised by Solicitor-Advocate and a Director in the family and child care department Laila Bhunnoo. Laila’s practice covers Special guardianship orders; Care orders; Supervision orders and emergency protection orders; Adoption within the UK and overseas; Child Abduction; Forced Marriage Protection Orders and FGM Orders. Laila is recommended by both legal directories, Chambers and Partners and The Legal 500, and described as providing ‘excellent representation of parents and children in care proceedings’ and being ‘compassionate and insightful’.



For expert advice on all family and child care matters contact:

Gabriella on 020 7014 7345 or email GabriellaS@Duncanlewis.com.

Laila on 020 7014 7371 or email lailabh@duncanlewis.com .




Duncan Lewis Family Solicitors

At Duncan Lewis Solicitors, our team of expert family lawyers have extensive experience handling divorce matters and understand the importance of maintaining good familial relations where children are involved.

Our family and childcare teams are specialists in all aspects of family and private/public children law matters from offices across London and throughout the UK. Recognised by The Legal 500 2019, the team is significantly experienced in complex financial matrimonial matters (ancillary relief) relating to the breakdown of a marriage/relationship, with a broad practice representing parents, family members and children through their Guardian in all children public law proceedings.

Since 2013, Duncan Lewis has an established Islamic & Sharia Law team which specialises in Islamic Divorce, Islamic Financial Settlement & Mahr Claims under English Law.

For expert advice, contact one of our team of specialist solicitors on 033 3772 0409.