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08 April 2022 / David Burrows
Issue: 7974 / Categories: Features , Family , Divorce
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Blame-free divorce, but how fair? Pt 2

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Is there any civil right to reply to an assertion of irretrievable breakdown? David Burrows investigates
  • The reforms to the divorce process have opened up the question of whether a spouse or civil partner responding to an assertion of irretrievable breakdown has the ability to challenge it on a human rights basis.

The reforms to the Matrimonial Causes Act 1973 (MCA 1973) on divorce—parallel reforms for civil partnership dissolution are in the Civil Partnership Act 2004 (CPA 2004)—came into force on 6 April 2022 (for an introduction to the new law, see ‘Blame-free divorce, but how fair? Pt 1’ NLJ, 4 March 2022, p13). The aim of the short Divorce, Dissolution and Separation Act 2020 which brought in the reforms is to remove blame from the process. Though reformers dislike it being said, the new s 1, MCA 1973 and ss 37A and 44, CPA 2004 represent divorce or civil partnership dissolution on demand (and, subject to what follows, these provisions are mostly none the

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

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Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

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NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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