All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current law; options for reform of divorce law and the process of divorce; and the future of English divorce law.
Chapter
3. Ending Relationships: Divorce and Separation
Chapter
6. Divorce and Dissolution
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter first provides an overview of the historical development of the divorce law in England and Wales and an outline of the law as it was before the new reforms contained within the Divorce, Dissolution and Separation Act 2020 came into effect. It then discusses the path to reform, before ending the chapter with a consideration of the new divorce law and dissolution of civil partnership and judicial separation.
Chapter
3. Ending Relationships: Divorce, Dissolution, and Separation
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce, dissolution, and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; divorce law as it was before 2022; the defects of the former law and its reform; the present law of divorce and judicial separation under the Divorce, Dissolution and Separation Act 2020; and evaluation of the current law.
Chapter
8. Matrimonial causes
Jonathan Hill
This chapter examines the jurisdiction of the English court and the choice of law process in proceedings for divorce, judicial separation, and annulment of marriage, and the extent to which the decrees of foreign courts in such matrimonial cases are recognised in England. It discusses similar rules which have been introduced in relation to same-sex marriage and civil partnership. Finally, the chapter considers the powers of the English court to grant financial relief and to recognise foreign maintenance orders. The Domicile and Matrimonial Proceedings Act 1973 introduced new uniform grounds of jurisdiction for matrimonial proceedings. These grounds were based on the policy that at least one of the parties, whether husband or wife, applicant or respondent, should have a sufficient connection with England to make it reasonable for the English court to deal with the case and likely that the divorce would be recognised in other countries. The Brussels II bis Regulation imposes uniform jurisdictional rules throughout the European Union (except Denmark, which did not participate in the adoption of the Regulation) and provides for almost automatic recognition of divorces, annulments, and separations granted by the courts of the Member States.
Chapter
4. Divorce, Dissolution, and (Judicial) Separation
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with divorce, dissolution, separation orders, and judicial separation, and contains a mixture of essay and problem questions. The first question is an essay question that focuses on the reform of the divorce law. The second question is problem question that requires the application of the law of divorce contained in the Matrimonial Causes Act 1973 (original and amended versions), judicial separation and the equivalent provisions of the Civil Partnership Act 2004. The third question is an essay question that focuses on the use of mediation in divorce proceedings.
Chapter
3. Divorce, dissolution, and judicial separation
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on divorce, dissolution, and judicial separation as means of ending marriage or civil partnership. It first considers the grounds for divorce/dissolution and highlights five facts that can be used to prove a marriage has irretrievably broken down: adultery, behaviour, desertion, two years’ separation with consent, and five years’ separation. The chapter then compares no-fault divorce with divorce based on fault and provides an overview of the debates surrounding reform. Finally, it considers alternatives to the court process when dealing with divorce, dissolution, and judicial separation, with a particular focus on mediation.
Book
Susan Heenan and Anna Heenan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Family Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: families, civil partnerships, and cohabitation; nullity; divorce, dissolution, and judicial separation; domestic abuse; financial provision on divorce or dissolution; Children—private law; Children—public law; adoption; and child abduction. This, the fifth edition, has been fully updated in light of recent developments in the law, including the extension of civil partnerships to heterosexual couples, the Law Commission reviews of the law of surrogacy and marriage and proposals to reform the law of divorce and domestic abuse.
