Top Judge calls for sweeping changes to Divorce Laws

Britain’s most senior Judge, Sir James Munby has commented that marriage laws are “very badly in need of reform” and has called the current way financial settlements are dealt with as ‘Victorian’ and unfairly biased in favour of women.

As things stand, to divorce immediately following separation, allegations of “adultery or unreasonable behaviour” have to be made against your spouse.  Sir James Munby, and many other legal experts, believe that no-fault divorce should be introduced to help those who are “trapped in a loveless marriage”.

Sir James Munby made these comments in a speech earlier this week and was referring to a controversial divorce case, Owens –v- Owens which he oversaw in the Court of Appeal.  Due to limitations in the Law, Mrs Owens was forced to stay married to her husband, despite the fact that she wanted to divorce him.  As Mrs Owens could not prove that her husband had behaved unreasonably, she had not established a valid ground for divorce and the Judge did not have the power to make an order granting the Decree Nisi.  The case is now going to the Supreme Court for further consideration.

In criticising the law’s approach to financial settlements, Sir James Munby says that there is currently the ‘Victorian’ notion that men are in charge of the marriage and that women are the weaker sex. There is a misconception that men should have a duty to support their ex-wife for life, even after divorce. He has called for greater equality, particularly in relation to maintenance payments, and for the courts to consider the realities of modern life.

If you need advice on divorce proceedings, a financial settlement, or any of the issues arising from your separation, please contact our Family Team on 0116 255 4855.  Fixed fee packages are available.