This article comes after the Jersey social media campaign which sought to engage the public on their thoughts about divorce reform – as well as the campaign for no fault divorce led by Resolution.
At present, an individual can only apply for divorce on the ground that their marriage has broken down irretrievably. In doing so, the individual must satisfy that one or more of the five facts set out in s1(2) of the Matrimonial Causes Act 1973 apply. These facts include causes such as adultery as well as a requirement that the parties have lived apart for a designated period of time – there is no option for a divorce by ‘no fault’ of either party.
In her commentary, Sophie looks at the law of divorce as it stands and considers where it is out of date when compared with today’s realities. Many of the issues she highlights, including the issue of no fault divorce, stress that there is a need for parliament to review and update the law of divorce to reflect modern society.
You can read Sophie’s article on Family Law Week here: http://www.familylawweek.co.uk/site.aspx?i=ed190343.