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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  • The law governing the divorce and dissolution procedure in England and Wales is out of date and out of touch with the way society has changed since the 1970s.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It has long been recognised that the law in this area is out of date and out of touch with the way society has changed since the 1970s.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
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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