Extra Info For Reform Essay

Question 1

What does law commission paper 192 say about old divorce law? (1990)

Answer 1

Confusing
Misleading
Discrimination
Unjust
Distorted bargaining power
Provokes unnecessary hostility/bitterness
Does nothing to save marriage

Question 2

Who wrote the finding fault paper?

Answer 2

Finding fault? The Nuffield foundation, London 2017. LIZ TRINDER ET AL

Question 3

what were the findings from LIZ TRINDER ET AL?

Answer 3

• Findings consistent with law commission report
• Showed persistant problems
• Mismatch between law on paper and in practice
  -five facts disagreed with wider reforms made in family justice system
  -lack of honesty in system parties exaggerating etc

Question 4

What effect did Owen’s v Owen’s 2018 have?

Answer 4

• revived the debate
• showed the absurdity of the law
• highlighted contradictions in the divorce procedure

Question 5

What was the government consultation called in 2018?

Answer 5

Reducing family conflict, reform of the legal requirements of divorce.

Question 6

What was the key objectives of the governments response to the 2018 consultation paper in 2019?

Answer 6

1. Ensure that decision to divorce continues to be considered one with opportunity for reconciliation
2. Make sure parties are not put through legal requirements that do not serve their/children’s best interests

Question 7

What are some criticisms of the old divorce law?

Answer 7

• incentivises an adversarial process
• fault grounds misused
• creates unnecessary stress, conflict, anxious
• undermines reconciliation