Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed
- A review of key developments in family law in 2017, and likely developments in 2018
The saying that ‘the only thing that is constant is change’ is a familiar refrain for family lawyers, and 2017 was a year packed (yet again) with change. Some of the more significant developments are detailed below, but as we approach the end of the year this article also looks at some of the further developments we might expect in 2018.
Divorce
Many leading cases on divorce procedure are decades old, a consequence of the cost of litigation and perhaps also a more ‘relaxed’ approach to the law by the courts, but the decision in Owens v Owens [2017] EWCA Civ 182, [2017] All ER (D) 23 (Apr) highlighted that the generally accepted practice of ‘mild’ particulars in unreasonable behavior petitions does not in fact comply with the law. The Court of Appeal confirmed that the test in section 1(2)(b) of the Matrimonial Causes Act 1973 (MCA
