Reality check: No-fault divorce

The Government is taking forward legislation to introduce no-fault divorce in England and Wales. It is claimed that the Divorce, Dissolution and Separation Bill is going to consign the “blame game” to legal history and make life much better for everyone involved.

On the airwaves we’ve been treated to a plethora of legal experts – for whom the court process is incredibly inconvenient – assuring the public that these changes will not lead to more divorces.

The BBC’s ‘Reality Check’ even claimed that studies show a no-fault system has “no effect or just a temporary effect” on divorce rates.

Are you convinced? We’re not.

This isn’t the first time England and Wales have introduced laws which weaken marriage and grease the wheels of the divorce machine.

This isn’t the first time England and Wales have introduced laws which weaken marriage and grease the wheels of the divorce machine.

Here’s an example of reality which the BBC didn’t check.

The 1969 Divorce Reform Act came into force in 1971. In 1970 there were around 60,000 divorces per year. In 1972 the number was around 120,000 – roughly double. This was no mere temporary blip. The rise heralded sustained levels of more divorce, which peaked at 165,000 in 1993.

But perhaps international evidence shows a different picture?

Well, US research clearly shows that once fault is removed, divorce rates increase. A review of the no-fault system in America by the Richmond School of Law concluded that the system “has failed”, producing both a higher divorce rate and fewer protections for women and children.

A review of the no-fault system in America by the Richmond School of Law concluded that the system “has failed”.

Easier divorce means more divorce.

The Government has already braced itself for higher divorce rates. An “increase in the volume of matrimonial proceedings” may put a strain on HM Courts and Tribunals Service, according to the risk assessment produced by the Ministry of Justice.

Making something easier encourages people to do it. History shows this is sadly true about divorce. The Government should abandon this misguided, ill-judged policy and throw the weight of the state behind marriage, rather than encouraging divorces of convenience.