Criticism of the current law of divorce Flashcards
What was the hope when the MCA was enacted
in the hope that 2 years separation would become the most common fact relied upon- however in 2015 52% of wives relied on the behaviour fact
What have the LC said about divorce
No 170: that fault based facts prevented the law achieving the aim of maximum fairness and minimum bitterness, and encouraged parties to dwell on the past.
What is the main criticism of divorce- concerning speed
the law offers a choice between a quick and potentially upsetting divorce using facts often perceived as fault based over a lengthy wait and therefore prevents divorce without bitterness.
What did Nuffield: Finding Fault Report find
that 43% of fact/fault based divorced did not closely relate to the real reason for relationship breakdown, therefore no accurate records of reason for relationship breakdown.
If use a fault based fact can get a divorce within 3/4 months
However, a compromised statement minimise conflict?
What has been said about the use of the concept of adultery
should concepts of adultery and consummation be removed from marriage? Naughton 2013- and should we replaced by gender neutral definitions e.g. sexual frailty and sexual intimacy? (Crompton 2013)
What did the FLA reforms suggest?
would the reforms have been a better exit route to unhappy marriages? Attempted to introduce non-fault based divorce which required parties to attend information meetings, with a view to encouraging reconciliation, however, if the marriage could then not be saved, a statement of breakdown could be issued after 3 months of the information meeting.
What is the issue with the FLA reforms?
reflected contradictory ideas to save a and end a marriage- would the reconciliation/reflection period be used effectively?
