header-logo header-logo

09 May 2019 / David Burrows
Issue: 7839 / Categories: Features , Family , Divorce
printer mail-detail

Till divorce do us part

Clamour for divorce reform should be seen alongside the less well-publicised unfairness caused by outdated marriage laws, says David Burrows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:

  • ‘Non-marriages’ and void marriages
  • If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Michelman Robinson—Daniel Burbeary

    Michelman Robinson—Daniel Burbeary

    Firm names partner as London office managing partner

    Bellevue Law—Sally Hall

    Bellevue Law—Sally Hall

    Employment boutique strengthens data protection and privacy offering with senior consultant hire

    NLJ Career Profile: Ken Fowlie, Stowe Family Law

    NLJ Career Profile: Ken Fowlie, Stowe Family Law

    Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

    NEWS
    Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
    Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
    Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
    Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
    The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
    back-to-top-scroll