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  • The law governing the divorce and dissolution procedure in England and Wales is out of date and out of touch with the way society has changed since the 1970s.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It has long been recognised that the law in this area is out of date and out of touch with the way society has changed since the 1970s.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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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