Resolution campaigners stood outside Parliament with a banner calling for a change in divorce law

Campaigning to end the blame game

Resolution members have been campaigning for no fault divorce for over 30 years. Recently the Government has announced plans to reform our outdated divorce laws, in large part down to the work of our members.

No-fault divorce

Resolution believes the laws surrounding divorce should be changed, to allow couples to separate without having to apportion blame on a legal document, and without having to wait at least two years before they can divorce.

Divorce is difficult enough. The legal requirement to assign blame makes it harder for couples to reach an amicable agreement.

It also makes it harder for family justice professionals to help them resolve issues in a constructive way, in line with Resolution’s Code of Practice.

In a recent survey of Resolution members, over 90% agree that no fault divorce should be available to separating couples.

Our divorce law is now over 50 years old. Couples seeking a divorce in England and Wales must either spend a minimum of two years separated or one must blame the other for the marriage breakdown, citing adultery or unreasonable behaviour. Even if both partners mutually agree the relationship is over, they still must apportion blame if they wish to waive the two-year waiting period.

In 2015, 60% of divorces in England and Wales were granted on adultery or unreasonable behaviour. By contrast in Scotland where divorce law is different, this percentage was only 6%.

This often creates conflict and makes reaching a mutually acceptable agreement much more difficult. We’re particularly concerned about the impact conflict and confrontation between separating parents has on their children.

Removing the need to blame from the divorce process will increase chances of successful non-court dispute resolution, in turn reducing the burden on the family court.

Resolution proposes a new divorce procedure, where one or both partners can give notice that the marriage has broken down irretrievably. The divorce can then proceed and, after a period of six months, if either or both partners still think they are making the right decision, the divorce is finalised.

What our members say

  • 67%

    of our members

    say the current law makes it harder for separated parents to reach an amicable agreement over arrangements for children

  • 90%

    of family law professionals

    agree the current law makes it harder for them to reduce conflict and confrontation between clients and their ex-partners

  • 80%

    of our members

    believe the introduction of no-fault divorce would make it more likely for separated couples to reach an agreement out of court

Resolution takes no fault divorce campaign to Westminster

In May 2018, Resolution campaigners went to Parliament to call for a change in the law. The visit took place on the same day that the Supreme Court heard the landmark Owens v Owens case, which paved the way for reform.

Read more

Join our campaign

The government has announced its intention to reform divorce law, and there are plenty of ways you can get involved to help get no fault divorce over the finish line.

Join our campaign