Over the past 12 months there has been much media coverage regarding reforming this country’s divorce system. To date concerns about protecting the sanctity and institution of marriage have prevented the law from keeping up with the modern family and changing societal values. However following the high profile case of Owens v Owens the government proposed changes to legislation in September 2018. Stewarts took part in the consultation on these changes and here Lucy Gould discusses the proposed legislation and its historical context.
Our current divorce framework provides for an adversarial accusatorial process that promotes conflict between divorcing parties in an already sensitive and often hostile situation. The proposed reforms in the Divorce Dissolution and Separation Bill 2017-19 are welcomed. They offer a simplified approach to divorce which importantly provides an opportunity for reconciliation removes the existing fault-based requirements and allows for joint applications.
A short history of divorce
Until the mid-19th century the only way to divorce your spouse was through a private act of parliament. Divorce through the courts was first introduced into England and Wales...
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