header-logo header-logo

Family law 2018: on divorce reform

16 October 2018 / David Burrows
Issue: 7813 / Categories: Features , Divorce , Family
printer mail-detail

David Burrows assesses the government’s proposals for an overhaul of divorce law, & supplies some suggestions of his own

  • The government’s divorce reform proposals represent a step closer to ‘divorce on demand’ but lack the ability to contest an assertion of fact.
  • An alternative suggestion: divorce could be permitted by both parties agreeing that the marriage had broken down, or otherwise on proof of living apart for one year or more.

As a founder member of the Solicitors Family Law Association (now Resolution), I have always supported a divorce law which left as little as possible to be rooted in mutual incrimination. The law reformers tried to do this in the Divorce Reform Act 1969 (DRA 1969), s 1 (‘irretrievable breakdown’); but then facts (per DRA 1969, s 2(1)) got in the way. Interestingly, the government’s recent divorce reform proposals, Reducing family conflict—Reform of the legal requirements for divorce, September 2018, Ministry of Justice, suggest the one ground for divorce: irretrievable breakdown (as now the Matrimonial

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll