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11 March 2020 / Graeme Fraser
Issue: 7878 / Categories: Features , Family , Divorce
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The search for equality in divorce reform

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Gender equality demands flexibility & discretion, not blunt instruments says Graeme Fraser

Dr Michael Arnheim makes some important points in his article ‘Divorce reform: time to recognise gender equality?’, not least in noting the problem of what he describes as ‘yo-yo cases’ that bounce between the courts for years. I agree that more certainty and predictability would be desirable, and gender equality is obviously a laudable goal. However, his arguments taken as a whole perhaps go too far in valuing clear structures and principles, while undervaluing the necessity of flexibility in accommodating the messiness and complexity of everyday life, to an extent that would be detrimental to gender equality.

 

No-fault divorce

 

Dr Arnheim may have misunderstood the rationale behind the Divorce, Dissolution and Separation Bill when he claims that it ‘misses the mark’. The evidence is clear that artificially bringing blame into the divorce process sets the tone for the whole divorce, leading to unnecessary acrimony and suffering for divorcing couples and their families. The language used at the moment tends to shape the thoughts

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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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