Clamour for divorce reform should be seen alongside the less well-publicised unfairness caused by outdated marriage laws, says David Burrows
- Despite the recent proposals for reform of divorce law, a far wider series of reforms are necessary to encompass those couples in ‘non-marriages’ or void marriages, as well as cohabiting couples.
- Those who are not technically married cannot currently be brought within the fold of financial assistance from family courts when the unmarried relationship breaks down.
The government’s proposals for divorce law reform were met with front-page headlines and unconcealed enthusiasm from a variety of family law reformers; and with justification. The need still to blame your spouse if you want a relatively prompt divorce is surely not necessary. Yet the reform proposals overlook the extent to which society has changed in the 40 years since the statute the government plans to adjust.
If the law on relationship breakdown is to be fair and non-discriminatory, a much wider series of reforms will be necessary; eventually:
