Family Law London Blog

Speaking at the 24th Resolution annual conference in Leeds, the President of the Family Division, Sir Nicholas Wall gave a strong backing to Resolution’s position that there should be legal provision for no fault divorce.

In a speech to over 300 delegates, Sir Nicholas said: “My position is very simple. I am a strong believer in marriage. But I see no good arguments against no fault divorce.”

He went on to say, “In the nineteenth century and for much of the twentieth, divorce was a matter of social status – it mattered whether you were divorced or not, and if you were, it was important to demonstrate that you were the “innocent” party. All that, I think, has gone.”

He also expressed concern that Mediation and Information Assessment Meetings are not working, observing that the government had introduced the process without making them compulsory, as this was felt inconsistent with the voluntary nature of mediation. He acknowledged that in some areas, judges are not following rules requiring them to encourage attendance at mediation. In concluding, he told practitioners that their aim “must be to encourage the court to make proper use of these powers".