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29 April 2020 / David Burrows
Issue: 7884 / Categories: Features , Family , Divorce
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Henry VIII & a Divorce Bill

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Henry VIII divorce bill
The time has come to consider the plight of the increasing numbers of people who are outside the pale of UK marriage laws, says David Burrows

My brother Gold in ‘Blame still alive’ tells of delays still over the Divorce, Dissolution and Separation Bill due to decisions needed on rules and an online system for divorce (see ‘Civil Way’, Stephen Gold, NLJ columnist, 31 January 2020, p15). As I mention below the only thing left for judges is to decide if a period for the divorce process can be shortened. The question of why registering a divorce application—like a marriage or death—needs to involve the courts at all is unclear. Parallel money issues will stay. After JK v MK & anor [2020] EWFC 2, Mostyn J (declaration that a consent order application prepared one company acting for both spouses was not a conflict of interest) the whole case —ancillary aspects and all—can just be a matter of simple registration too.

Meanwhile the Bill ploughs

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
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
NLJ this week: Jury reform risks justice for efficiency’s sake
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’
NLJ this week: Crypto fightback offers ‘new frontier for law’
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
NLJ this week: Time to revive the duty to report crime?
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
NLJ this week: When are experts truly ‘necessary’?
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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