Is It Time For Move Away From Fault Based Divorce?

1499 WordsJul 4, 20156 Pages
IS IT TIME TO MOVE AWAY FROM FAULT BASED DIVORCE? The Current Divorce law The Office of National Statistics reveals that in 2012 divorce rates in England and Wales fell from 119, 589 (2010) to 117,558 (2011). Under section 3 of The Matrimonial Causes Act (TMCA) 1973, a divorce petition cannot be given until a one year period (starting on the marriage date) has been completed. In any circumstances this rule cannot be waived. However a spouse can rely on incidents such as behavior (violence/severe distress), adultery etc. that occurred within the year when filing a petition (as soon as the year has ended). Under TMCA 1973, section 1(1) either party must show to the court that ‘the marriage has broken down irretrievably’, the petitioner has to prove one or more of the factors under the MCA 1973 s 1 (2): (a) That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent (Dennis v Dennis). However, under S2(1) MCA 1973” If parties live together for more than 6 months after the petitioner becomes aware of the adultery, the petitioner cannot rely on that adultery”. (a) The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent Words of the petitioner are not enough; but the court does take into account marriage history and each spouse’s personality which includes embarrassment that causes the wife to leave after 2 years (O’ Niell v O’ Niell. Behavior also

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