© 2001 by Oxford University Press
Men and Women Behaving Badly: Is Fault Dead in English Family Law?
1 Christ's College Cambridge
This article examines the role which the concept of fault has played historically and may still play in modern family law. In the light of recent attempts in the United States to revive fault in the context of divorce, the article considers the relevance of fault in England across a range of issues including divorce, domestic violence, property and financial matters and the various kinds of disputes which can arise in relation to children. The argument is presented that fault continues to play a more important, albeit declining, part in the determination of family disputes than is commonly supposed. The article concludes with an assessment of the future role of fault in family law and seeks to distinguish between ‘backward-looking’ and ‘forward-looking’ species of fault. While the former is rapidly becoming irrelevant, the latter has an important connection with the concept of welfare which is central to many of the concerns of family law.