Why divorcing couples and families need to find alternatives

This case is being held up by campaigners as an example to illustrate that the modernisation of divorce law is desperately needed and that no-fault divorces should be introduced.

Instead of finding fault, or waiting two years, couples should be able to divorce straight away without the drama and emotional stress of having to name sometimes very minor, specific examples of unreasonable behaviour.

In the modern world the current law is hugely outdated and only serves to increase tension between separating couples. 

Second is the case of Mr Mills, which brings into play the question of how long ex-spouses should be supporting each other financially following a divorce.

The Supreme Court is considering whether businessman Mr Mills should have to increase maintenance payments to his wife 16 years after they divorced or whether settlements should have a time limit.

This case has arisen as, two years ago, Mr Mills applied to court to end the payments and his ex-wife put in an appeal to increase the sum as she claimed she could no longer meet her basic needs with the amount previously ordered.

Ultimately, the judge agreed that the monthly payment was no longer meeting the ex-wife’s needs and should be increased to £1,440 a month.

The system is being tested by new pressures of modern day family life, and the government is going to have to reform divorce law to cope with the evolving family dynamic.

Many are hoping that this case provides some much- needed clarity around how long a spouse should pay maintenance, balancing the need to separate financial ties against the need to avoid undue hardship on either side.

Other progress is being made with the development of an online divorce process. Sir James Munby, president of the High Court’s family division, has predicted that in time most divorce cases will leave the court rooms and be dealt with online.

After the pilot scheme was dubbed a “triumphant success”, the process has been rolled out nationwide. 

However, this is only the process for securing a divorce, namely changing the couple’s legal status from married to divorced. It will not deal with the much more complex issue of dividing up financial resources or making arrangements for any children of the marriage. 

These two important cases, and the development of the online court system, suggest that change is beginning to happen.

The system is being tested by new pressures of modern day family life, and the government is going to have to reform divorce law to cope with the evolving family dynamic.