Baroness Hale, President of the Supreme Court, has championed no-fault divorce in a speech to family lawyers, a month before the court is due to hear the high-profile case of Owens v Owens.
Baroness Hale said current divorce law is ‘confusing and misleading’ as well as discriminatory since many poorer parties, including victims of abuse, cannot afford to separate from their spouse until they get the court orders available only on divorce. She said it provokes bitterness and can make things worse for children.
Partner Richard Kershaw commented:
“The call for no fault divorces has become the orthodoxy in family law circles. The Supreme Court case of Owens will further the debate, and bring it increasingly to the attention of the public, although it will need Parliament to legislate a change in the law.
“More interestingly, in the same speech Baroness Hale added her voice to the debate about joint lives maintenance awards, saying sometimes open ended support from one spouse to another, the so-called “meal ticket for life” was fair.”