No-fault divorce and divorce law challenged

Next week, the High Court will hear a crowd-funded legal action challenging not only the government’s plans to introduce ‘no fault’ divorces but also the existing legislation about divorce and maintenance claims. 

No fault divorce is due to come into effect in the autumn of 2021. It will make it possible for any spouse to divorce the other without having to give reasons and without the other spouse being able to defend the proceedings.  

Supporters of the new law say it will make it easier to end an unhappy marriage and couples won’t have to ‘make up’ allegations of behaviour in order to divorce quickly. Opponents say the new law will further undermine the institution of marriage. 

Now, Charles Ayeh-Kumi is seeking to challenge not only his own divorce but the entire legal framework that has been in place since 1973. After 33 years of marriage, Mr Ayeh-Kumi’s wife, Marion, divorced him in 2018 on the basis of his unreasonable behaviour. She also made financial claims against him. Mr Ayeh-Kumi claims that his human rights have been breached by the law itself and that it is unfair that he might be ordered to pay maintenance to his ex-wife – potentially for life. 

The parties’ financial circumstances are not known so it is difficult to predict what a fair settlement might look like. However, in an interesting twist, it is the court itself that is challenging Mr Ayeh-Kumi’s application and of course the court itself that will hear it. 

It is inevitable that the claim will fail. Success would bring into doubt nearly 50 years’ worth of divorces and financial settlements.  

Mr Ayeh-Kumi will end up divorced and, if he and his wife cannot reach a financial agreement, one day a judge will make the decisions for them. However, in the meantime, his action will spark an interesting debate between those who feel that divorce is too easy and others who believe that perhaps it is marriage that is too easy in the first place these days. 

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