The lack of fairness in financial settlements means the Divorce, Dissolution & Separation Bill now going through Parliament misses the mark, says Dr Michael Arnheim
- It’s time to place a time-limit on maintenance orders, as in many other jurisdictions including Scotland.
- Prenuptial agreements recognised in many other jurisdictions should be placed on a principled legislative footing.
Divorce reform at last, nearly half a century since the Matrimonial Causes Act 1973—how wonderful! Or is it? The government’s Divorce, Dissolution & Separation Bill now going through the House of Lords allows a ‘divorce order’ purely on the basis of a statement by one of the parties ‘that the marriage has broken down irretrievably’. The court ‘must take the statement to be conclusive evidence’ of its truth (clause 1(3)). Not ‘may’ but ‘must’. And what if the other party objects? Well, they just can’t (except on grounds of fraud or for some technical reason). So how can this be fair?
But the real objection to this Bill is that it is almost totally irrelevant. As Lady Hale
