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Jul 10, 2019 · Download full report Download ‘Divorce, Dissolution and Separation Bill 2017-19: Committee Stage Report’ report (545 KB , PDF) The Divorce, Dissolution and Separation Bill (the Bill) was introduced in the House of Commons on 13 June 2019 as Bill 404 of 2017-19.
- Current Basis For Divorce
- Owens V Owens
- Private Member’S Bill
- Previous Calls For Introduction of No-Fault Divorce
- Arguments Against No-Fault Divorce
- Government Consultation and Response
- The Divorce, Dissolution and Separation Bill
The only ground for divorce is that the marriage has irretrievably broken down. The court cannot hold that the marriage has broken down irretrievably unless the petitioner satisfies the court of one or more of five facts, three of which are fault based (adultery, behaviour, desertion). Two of the facts relate to periods of separation – two years if...
In 2016, a judge in the Central Family Court refused to grant Mrs Owens a decree nisi of divorce, even though he found that the marriage had broken down. The husband had defended the divorce – defended divorces are rare in practice. The judge found that Mrs Owens had failed to prove, within the meaning of the law, that her husband had behaved in su...
In July 2018, Baroness Butler-Sloss (Crossbench) introduced a Lords Private Member’s Bill, intended to require the Lord Chancellor to conduct a review which would include considering whether the law ought to be changed so that irretrievable breakdown of a marriage or civil partnership is evidenced solely by a system of application and notification....
Among others, some senior members of the Judiciary; the Family Mediation Taskforce; Resolution (the national organisation of family lawyers); and The Times newspaper have called for the introduction of no‑fault divorce. In October 2017, the report of a Nuffield Foundation funded research project, led by Professor Liz Trinder of Exeter University, r...
The arguments of those who oppose the introduction of no-fault divorce include that the institution of marriage should be supported; the risk of the divorce rate increasing if it is perceived to be easier to get a divorce; and the negative impact of family breakdown.
In September 2018, the Ministry of Justice published a consultation paper, Reform of the legal requirements for divorce. The consultation closed on 10 December 2018. It asked for views on replacing the current requirement to establish one or more of the five facts to show that a marriage has broken down irretrievably, with a process based on notifi...
The Divorce, Dissolution and Separation Billwas introduced in the House of Commons on 13 June 2019 as Bill 404 of 2017-19. In short, it would: 1. replace the requirement to provide evidence of conduct or separation facts with a new requirement to provide a statement of irretrievable breakdown; 2. remove the possibility of contesting the decision to...
- Catherine Fairbairn, Cassie Barton
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on-standard Divorce Cases and the Implications for Law Reform. eformLiz Trinder and Mark Seftonwww.nuffieldfoundation.orgAbout the authorsLiz Trin. r is Professor of Socio-legal Studies at. l.Mark Sefton is an independent researcher.About this supplementary reportThe Finding Fault project aims to explore how the current law regarding divorce ...
The Divorce, Dissolution and Separation Bill [HL] (the Bill) was introduced in the House of Lords on 7 January 2020. It completed its Lords stages on 24 March 2020 and was introduced in the House of Commons on 25 March 2020 as Bill 125 of 2019-21. Second Reading in the House of Commons is due to take place on 8 June 2020. In short, the Bill would:
