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04 August 2017
Issue: 7757 / Categories: Features
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Divorce & dissolution

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It’s high time to modernise our divorce & dissolution laws & procedure, says Sarah Hughes

  • The law governing the divorce and dissolution procedure in England and Wales is out of date and out of touch with the way society has changed since the 1970s.

The law governing the divorce and dissolution procedure in England and Wales is contained within the Matrimonial Causes Act 1973 (re-enacting ss 1 and 2 of the Divorce Reform Act 1969) and supplemented by the Family Procedure Rules 2010.

It has long been recognised that the law in this area is out of date and out of touch with the way society has changed since the 1970s. However, despite numerous lobbying attempts by family lawyers and others, the law remains the same. Several procedural changes have been proposed, within the Family Procedure Rules 2010 and since, to try and modernise the way our legal system works. However, there is still a long way to go. This article outlines the recent changes and considers the further changes that still need to be

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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