Divorce: the ‘New’ Law

Abstract

The new divorce law laid down in Parts I and II of the Family Law Act (FLA) 1996, which is expected to come into force on 1 January 1999, makes fundamental reforms of the law. Although irretrievable breakdown remains the sole ground for divorce under the 1996 Act, virtually everything else is changed. A divorce will only be available after compulsory attendance at an information meeting, followed at least three months later by the filing of a statement of marital breakdown, followed in turn by a 9- or 15-month period for reflection and consideration during which the couple contemplating divorce must spend time reflecting on whether their marriage can be saved, and, if not, then facing up to the consequences by making arrangements for the future. When the new law comes into force, the law on property and finance on divorce (see Chapter 10), and arrangements for children on divorce (see Chapter 14), will remain largely unchanged. (For the background to the new law, see Chapter 7.)