Divorce Based on Fault vote
In a nutshell
A vote on whether to stop the introduction of a completely ‘no-fault’ divorce system in England and Wales. MPs had liberty to vote according to their conscience.
The details
On 24th April 1996 the House of Commons debated an amendment to the Family Law Bill introduced by Edward Leigh MP.1 The Bill, which ultimately became law later that year, was to introduce a completely ‘no-fault’ divorce system in England and Wales.
Under this system there was to be no need for a spouse to make an allegation of fault such as adultery in order to get a divorce. They would simply have to apply to the court. No reason would be required.
Edward Leigh’s amendment aimed to strip out the ‘no-fault’ provisions and replace them with a system based on fault or separation consistent with the existing provisions of the 1969 Divorce Reform Act.
MPs were therefore given the choice between voting for the existing law or voting to introduce no-fault divorce. The amendment was defeated by 139 votes to 269.
In fact, the provisions in the Family Law Act 1996 for ‘no-fault’ divorce were never implemented by government. In 2001 the Lord Chancellor announced that, because the pilot schemes on ‘no-fault’ procedure were so disastrous, the Government was to repeal that part of the 1996 Act.2
How we recorded the vote
- Voted for ‘no-fault’ divorce
- Voted against ‘no-fault’ divorce
- Abstained or was absent on the vote for ‘no-fault’ divorce