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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  • The law governing the divorce and dissolution procedure in England and Wales is out of date and out of touch with the way society has changed since the 1970s.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It has long been recognised that the law in this area is out of date and out of touch with the way society has changed since the 1970s.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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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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