There has been strong criticism of the current law over the decades, describing an archaic system based on fault. Despite its appearance as non-fault biased, the evidence to support an irretrievable breakdown of marriage suggests otherwise. In 2019 Rowling notes that there is no evidence that fault acts as a buffer’ to slow the divorce process down[footnoteRef:1]. Whereas Crouse points out that the cooling-off period required serves as a solution to protect the children from divorce[footnoteRef:2]. Although it does offer time for parties to adequately make arrangements. Opinions of critics on the substance the MCA differs although all call for a need to reform or amend the current law on divorce. The Law Commission concluded in 1966 that the first objective of the law should be not to undermine the stability of marriage but should also be to enable the law to maximise fairness[footnoteRef:3] ultimately concluding that the need for reform was paramount. Despite this, they foresaw that until a major decision on the point of law has been reached, any change would be premature[footnoteRef:4]. The government consulted on proposals for divorce reform that became part of the Family Law Act 1996. Its subsequent white paper, Looking to the Future[footnoteRef:5], set out concerns that are reflected by the present government is looking to reform. The Lord Chancellor at the time, Lord Mac
key, noted that there was considerable discontent with the current system[footnoteRef:6]. Furthermore, the law commission published a paper in 1988[footnoteRef:7], criticising the law for being misleading and confusing and that the changes attempted had not been realised[footnoteRef:8] falling short of where it should be. [1: Nicola Rowling, Family Property: the end is nigh: the governments pledge to reform divorce laws, P.C.B. 2019, 4, 122-127, pg.122] [2: J. S. Crouse, No-Fault Divorce hits children hardest (2013)] [3: Law Commission, (1966) Reform of the grounds of Divorce: The field of choice report, (Law Com No006, Cm 3123) pg. 10 para. 15] [4: Law Commission, (1966) Reform of the grounds of Divorce: The field of choice report, (Law Com No006, Cm 3123) pg. 10 para. 56] [5: L. Trinder, D. Braybrook, C. Bryson, L. Coleman, C. Houlston and M. Sefton, Finding Fault?: Divorce Law and Practice in England and Wales (London: Nuffield Foundation, 2017)] [6: Lord Chancellors Department, Looking to the Future: Mediation and the Ground for Divorce, Command Paper Cm 2799 (London: HMSO, 1995), Pg.6] [7: Law Commission, Facing the Future: A Discussion Paper on the Ground for Divorce, Law Com. No.170, Command paper HC 479 (London: HMSO, 1988),] [8: Law Commission, Facing the Future: A Discussion Paper on the Ground for Divorce, Law Com. No.170, Command paper HC 479 (London: HMSO, 1988), 20]