In the second part of a feature on the new fault-free divorce laws, NLJ columnist and solicitor-advocate David Burrows asks: is there a right to challenge an assertion of irretrievable breakdown?
The divorce can proceed if one party, or both, assert irretrievable breakdown.
Burrows writes: ‘Its effect is that a statement by one party must be accepted unquestioningly by the court in which it is filed; and without the respondent spouse or civil partner being able to challenge it.’ Burrows explores whether this could be disputed on a human rights basis.
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