8/16/2019 Arguments for Yes for No
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ARGUMENTS FOR YES FOR NO -FAULT
YES Reduces the Complex process
it aoids lo!"# cutthroat court $attles oer %ho is to $lame
%he!marria"es &ai'l This %ould $e resulti!" i! lo%er le"al
&ees a!d more time-e(cie!t proceedi!"s) A&ter all# ma!*
people diorce &or reaso!s hai!"little to do %ith the
traditio!al# codi+ed "rou!ds)
Reduces the bitterness and antagonism
It helps to allow people to determine their marriage is over
without (officially) placing a blame game . The bitterness can
have repercussions on the welfare of any children as well as
parties willingness to co- operate in financial matters . This was
supported in
Booth Committee on atrimonial Causes !rocedures "#$% and also
argues that fault based doesn&t help to reduce the divorce
rate or saves marriage'
Conclusion
,t is to $e !oted that &amil* la%*ers# ud"es a!d academic
seem to &aour!o-&ault diorce# a!d &uture re&orms
are li.el* to a$a!do! the &ault"rou!ds ) This %as also
supported $* Thorpe L/ has ar"ued that !o &aultdiorce is 0the
hi"hest le"islatie priorit* &or the &amil* ustice
s*stem01
2ased o! the ar"ume!ts made ,t appears that the stateme!t that
had$ee! made is !ot completel* true ) A moe to%ards !o &ault
diorce is!ecessar* i! order to aoid a!imosit* o! &ailed
marria"es %hich %ouldalso a3ect %el&are o& childre! a!d
+!a!cial matters)
' Accessed at
http455diorcedmoms)com5articles5the-pros-a!d-co!s-o&-!o&ault-diorce-la%s6
Ni"el Lo%e a!d Gillia! 7ou"hlas # 8 ''th ed # 69': # Bromley’s
Familylaw ; p6191 ,!troductio! i! Thorpe L/ a!d E Clar.e 8ed;
No Fault or Flaw: The Futureof the Family Law Act '
