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Urge for Divorce Law Reform

At the annual conference of Resolution, Sir Nicholas Wall, the president of the High Court Family Division said that he saw no good arguments against no-fault divorce, believing that this need to ascertain blame is out-dated in today’s society.

Samantha Lee, specialist Family lawyer for Swain & Co. says “In the past it has been overly important to demonstrate that you were the ‘innocent’ party in divorce as a social status. Nowadays, this view is no longer held, therefore we would welcome reforms that would support ‘no-fault’ divorces. The laws of divorce have not been reformed since the 1973 act was introduced”

Lord Justice Thorpe backs this view, saying that “Our laws of divorce represent the social values of a bygone age.” The Judge made these comments after hearing Susan Rae’s appeal, who was trying to stop her husband obtaining a decree nisi to end their marriage.

Alan Douglas Rae was granted a divorce despite Mrs Rae’s resistance, on the grounds of her ‘unreasonable’ behaviour. Mrs Rae had denied this was the case, and argued that the court had escalated everyday trivialities, which she claimed were a part of family living, to justify the granting of the divorce.

Swain & Co. have specialist family lawyers, and we know that divorce can create agony when fault has to be established to achieve a speedy divorce. For specialist advice for divorce and all aspects of Family Law call Samantha Lee on 02392 492967.

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