Results from research looking at how current divorce law works in practice have been published; we look deeper at the key findings.
Following the Court of Appeal judgment in Owens v Owens, in which a wife’s appeal from a refusal to grant a decree nisi of divorce was dismissed, the research highlights the requirement for change of divorce law in England and Wales.
The project, Finding Fault, is led by Professor Liz Trinder of Exeter University and is funded by the Nuffield Foundation. The aim of the research is to understand how the current law on the ground for divorce and civil partnership dissolution operates in practice, whilst also exploring whether and how the law might be reformed. The research looks at three central questions:
The interim report concludes:
‘In reality, we already have divorce by consent or ‘on demand’, but masked by an often painful, and sometimes destructive, legal ritual with no obvious benefits for the parties or the state. There is no evidence so far from this study that the current law does anything to protect marriage. The divorce process is currently being digitised. This is a timely opportunity for law reform so that divorce is based solely on irretrievable breakdown after notification by one or both spouses.’
For more information on divorce law please contact Catherine Polli, Head of Family at email@example.com or call 01708 229444 for advice and comments.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. The law may have changed since this article was published. This article is based on the law as of March 2017.