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20 March 2019
Issue: 7833 / Categories: Legal News , Divorce
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Nothing unusual about no-fault divorce

Family lawyers’ calls for no-fault divorce are consistent with international trends, according to a report by the Nuffield Foundation.

The report, Reforming the ground for divorce, highlights ‘a broad shift away from fault towards entitlement to divorce, based on the wish of one, or both, parties or following a period of separation’. Written by Dr Jens M Scherpe, Cambridge University, and Professor Liz Trinder, Exeter University, it looks at divorce law reform in eight jurisdictions: Australia, California, Colorado, Finland, Germany, New Zealand, Spain and Sweden.

One recommendation is to reduce the three-step English process to a two-step process, which will make it less complicated for litigants in person. 

Jo Edwards, chair of Resolution’s Family Law Reform Group, said the research ‘provides yet more evidence of the need for change by highlighting global trends moving away from a fault-based approach to divorce.

‘Resolution has long campaigned for a kinder divorce system and an end to the need to apportion blame in divorce, which we know can have a significant adverse impact on children. We welcome this further report and look forward to working with government going forward, following their consultation last autumn on their plans to modernise the divorce system and bring it in line with other jurisdictions across the world.’

Issue: 7833 / Categories: Legal News , Divorce
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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