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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: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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