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21 June 2012 / David Burrows
Issue: 7519 / Categories: Features , Divorce , Family
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Signed & sealed?

David Burrows breaks the seal on Kim v Morris

 

Most divorce cases proceed as a simple administrative exercise, performed by court staff and a district judge, in exchange for a court fee of £340 (the same applies to “applicants” for civil partnership orders, to whom this article also applies). The process is entirely statutory; and thus any judicial discretion must be prescribed by statute. A case has to be properly pleaded: under Family Procedure
Rules 2010 (FPR 2010) forms mostly do that job.

Divorce procedure (FPR 2010, Pt 7) is based on extinct county court rules: interrogatories and discovery only went in April 2011. If a cause is defended, precision pleading is still essential. Matrimonial Causes Act 1973 (MCA 1973), s 1(3) requires the court to “inquire” into the facts. If the facts (set out in s 1(2)) are proved, the marriage will be found to have irretrievably broken down (s 1(1)) and a decree will follow (s 1(5)). Though MCA 1973 does not say so, the decree is in the
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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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