Lady Hale calls for introduction of no-fault divorce in England and Wales

At a conference for family law specialists in Bristol, Lady Hale addressed critics who claim that no-fault divorce will undermine marriages.

“It may seem paradoxical to suggest that no-fault divorce is aimed at strengthening responsibility, but I believe that it is,” she said.

“The contents of the petition can trigger or exacerbate family conflict entirely unnecessarily. Respondents are encouraged by their lawyers to ‘suck it up’ even though the allegations are unfair. There is no evidence at all that having to give a reason for the breakdown makes people think twice.”

She also said that civil partnerships for heterosexuals should be welcomed as they would show couples wanted to enter into a legal commitment.

Her comments follow proposals made by The Times’ Family Matters campaign, which suggested fault-based divorce be scrapped in addition to other reforms.

Sir Paul Coleridge, chairman of the Marriage Foundation, said: “Baroness Hale’s ringing endorsement of main features of The Times campaign provides yet further top-level endorsement of its validity.”