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20 March 2019
Issue: 7833 / Categories: Legal News , Divorce
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Nothing unusual about no-fault divorce

Family lawyers’ calls for no-fault divorce are consistent with international trends, according to a report by the Nuffield Foundation.

The report, Reforming the ground for divorce, highlights ‘a broad shift away from fault towards entitlement to divorce, based on the wish of one, or both, parties or following a period of separation’. Written by Dr Jens M Scherpe, Cambridge University, and Professor Liz Trinder, Exeter University, it looks at divorce law reform in eight jurisdictions: Australia, California, Colorado, Finland, Germany, New Zealand, Spain and Sweden.

One recommendation is to reduce the three-step English process to a two-step process, which will make it less complicated for litigants in person. 

Jo Edwards, chair of Resolution’s Family Law Reform Group, said the research ‘provides yet more evidence of the need for change by highlighting global trends moving away from a fault-based approach to divorce.

‘Resolution has long campaigned for a kinder divorce system and an end to the need to apportion blame in divorce, which we know can have a significant adverse impact on children. We welcome this further report and look forward to working with government going forward, following their consultation last autumn on their plans to modernise the divorce system and bring it in line with other jurisdictions across the world.’

Issue: 7833 / Categories: Legal News , Divorce
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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