No Fault Divorces Mooted
Pressure is mounting for reform of the Divorce laws in order to ensure that fault is taken out of divorce and to make sure that the process of Divorce is separated out from disputes over Children and Money/finances.
Sir James Munby has made these comments known shortly after the unveiling of the new combined single Family Court. This has been discussed for 40 years but has only just been brought in in April 2014. There will no longer be a range of courts but just the Family Court from now on. This will soon be spotted on court paperwork and decrees and orders instead of the usual County Courts.
The big question is whether or not 5 million unmarried couples in the UK are to be afforded, in due course, the same kind of rights as married couples.
Another thing that has come out of the report on the lips of Sir James Munby is the realisation that the nature of court has changed itself. There has been a huge rise in people acting without lawyers in the absence of Legal Aid. Whilst that might one day result in Judges effectively assuming a more interventionist inquisitorial approach (to basically help litigants in person who don’t understand evidence or legal issues as well as the lawyers) the problem is that at the moment we are still stuck in a situation whereby it is still necessary for one party or the other to make their case out in terms of issues and evidence.
At present parties are still parties are being told by Judges that they cannot give legal advice. Parties hear the same thing from Court staff as well and it is important to consider if you are acting in person against a partner who is reserving legal advice whether or not this would actually leave you seriously disadvantaged at a later stage especially regarding financial issues, such as Pensions Reports and Property Valuations.
