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20 March 2019
Issue: 7833 / Categories: Legal News , Divorce
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Nothing unusual about no-fault divorce

Family lawyers’ calls for no-fault divorce are consistent with international trends, according to a report by the Nuffield Foundation.

The report, Reforming the ground for divorce, highlights ‘a broad shift away from fault towards entitlement to divorce, based on the wish of one, or both, parties or following a period of separation’. Written by Dr Jens M Scherpe, Cambridge University, and Professor Liz Trinder, Exeter University, it looks at divorce law reform in eight jurisdictions: Australia, California, Colorado, Finland, Germany, New Zealand, Spain and Sweden.

One recommendation is to reduce the three-step English process to a two-step process, which will make it less complicated for litigants in person. 

Jo Edwards, chair of Resolution’s Family Law Reform Group, said the research ‘provides yet more evidence of the need for change by highlighting global trends moving away from a fault-based approach to divorce.

‘Resolution has long campaigned for a kinder divorce system and an end to the need to apportion blame in divorce, which we know can have a significant adverse impact on children. We welcome this further report and look forward to working with government going forward, following their consultation last autumn on their plans to modernise the divorce system and bring it in line with other jurisdictions across the world.’

Issue: 7833 / Categories: Legal News , Divorce
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’
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’ 
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