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News article

Top judge favours 'no fault divorce'

“No good arguments against no fault divorce”, top judge says

Britain's leading family law judge, Sir Nicholas Wall, has renewed calls for "no fault divorce", which could see couples granted quick legal separation without one party accepting the blame.

Sir Nicholas, President of the Family Division, said he could "see no good arguments against no fault divorce", as society moves away from viewing permanent separation as shameful.

He claimed divorce was now an "administrative" process rather than judicial, and said it was no longer important "to demonstrate that you were the 'innocent' party." In a speech to family lawyers, he said current legislation had "its roots in history", when divorce was a "matter of social status and added: "All that, I think, has gone. Defended divorces are now effectively unheard of."

His words, delivered at the annual conference of Resolution in Leeds on Saturday, have been echoed by Lord Justice Thorpe in an Appeal Court ruling on a contested divorce. In it, he said the "painful investigations" to establish fault in divorce cases "now seem to represent the social values of a bygone age."

The Daily Telegraph 27th March 2012

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