Geraldine Morris on calls for a major transformation of divorce laws
At the National Conference of the family lawyers' association, Resolution, last month there was a call for a radical overhaul of the law relating to divorce. Two key areas were highlighted: no-fault divorce and the current uncertainty surrounding financial settlements. The key legislation, the Matrimonial Causes Act 1973 (MCA 1973), has been amended many times since its implementation but is it still fit for purpose?
In addition to spousal provisions, civil partnerships should be considered. The implementation of the Civil Partnership Act 2004 (CPA 2004) was radical in its application to same-sex relationships but reactionary in its mirroring of the provisions of the MCA 1973 as to both the dissolution and financial provisions.
Progress came to a standstill in 1973 and many would argue that legislation which was originally debated in the 1960's has little relevance to modern families. Under current law anyone who doesn't want to wait two years or more for a divorce has to prove unreasonable behaviour
