English Divorce Reform

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Chapter two
Why is a reform of the current system needed?

What is wrong with the English divorce system?
The modern-day divorce system has been criticised for allowing couples to divorce too easily. Couples no longer face the restrictions that they once did, they therefore do not take the time to consider whether the divorce itself is necessary or whether they can work through the tough period and continue to be married. To get married is no longer seen as a major commitment and no longer offers the degree of stability that it once did. There were 114,720 divorces in England and Wales in 2013, a decrease of 2.9% since 2012, when there were 118,140 divorces. However, there is an explanation to the slight decrease in divorces; marriage in England …show more content…
“Thirty years ago, people stayed in unhappy, lonely marriages and repressed their emotions because they felt there was no other option. Society now has a very different view of marriage and divorce, but our divorce laws have not caught up. Judge Paul Coleridge acknowledged that ‘the norms of behaviour, the stigmas and the taboos have all changed or evaporated’. With attitudes changing and our divorce system remaining relatively the same for the last few centuries, it is quite clear that the process no longer fits the purpose of what it was intended for in the first place which was to support the institution of marriage but also provide a relief for couples that no longer wish to be married. Reform in this area of law is needed but the real question is whether a no-fault divorce system the way …show more content…
The fault based facts, according to Judge Paul Coleridge were largely invented to get a quick divorce. By this Judge Coleridge meant, that the fault based facts provide a quicker way out of the marriage rather than the alternative options such as 2 years or 5 years’ separation. As a result, more couples rely on these grounds even when they wish not to, in order to speed up the process. In some divorces hostility is unavoidable due to the way in which the marriage has broken down, however these fault based facts can increase the hostility in some situations. For example, where one spouse wishes to get a quicker divorce and drags their partner through the dirt in order to get there rather than relying on 2 or 5 year separation where an amicable separation could have been an
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