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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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