No Fault Divorce Arguments

Decent Essays
On the Arguments on the No-Fault Divorce Bill
It has been said that the family law in Scotland needs a reform. But when the no-fault divorce bill was introduced, it raised a lot of concerns resulting in a debate. From the bill's first reading up to the second, comments are just flying out everywhere.
What the proposed deal is all about
In addition to the five facts that prove irretrievable breakdown has taken place, individual has an additional option of divorce, which is a written consent from both parties. With a consent divorce both parties would not need to prove anything else. The two years separation and consent would no longer stand as well, as it becomes superfluous.
Both parties will be given an opportunity to reconsider divorce proceedings

Related Documents

  • Decent Essays

    When in the course of life events it becomes necessary for married couples to demand a divorce and become independent within each other and without interference of the law, they will explain the reasons for choosing to become independent to the whole world. This requires us, Married couples, to write our very own Declaration of Independence for anyone to see and have an idea of why they chose to be independent and equal to our partners. There are many causes in where people decide to become independent to their partner. In some cases they don't want to leave their partner, but they need to at the same time. Everybody has there reasons to become independent, and we need to respect each other's choice.…

    • 272 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    FOR IMMEDIATE RELEASE “Ages of Suffocation: Remembered Dreams” – A story based on real life accounts of a Niger-American girl Divorced families in today’s world – Are the children given enough protection, love and care despite dismantled family structure? Uzo Amaka, young writer based in Northern California is releasing her first book “Ages of Suffocation: Remembered Dreams” on 29th August at Bella Ultra Lounge in CA, which is expected to shed light on a little discussed social matter in Nigeria, plight of children in divorced families. This book is based on true life events of Uzo, who spent her early childhood in Lagos Nigeria until she was twelve.…

    • 465 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The idea of self-preservation has had an immense impact on the contemporary view of marriage in the twenty-first century. In her book “The Making of a divorce culture” Barbra Dafoe Whitehead annotates that the American Revolution and divorce both have some distinct parallels. Although Whitehead herself does not condone the idea of divorce. She further uses this key information as a spring board, in order to explain to the reader why in some instances divorce is necessary. When a marriage becomes oppressive, violent or cold the individual experiencing those agonizing occurrences has the right to dissolve the marriage.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Another critic which arises on the law of maintenance is the issue of clean break when the parties decide to separate, as in certain cases it may not be the right decision to make by ending the parties financial ties, as this can lead to impacting the individuals not only emotionally but materially too. In addition due to the division of assets between the parties it may not be enough to leave both parties with finances sufficient to each set up new homes as either party may have left their career in order to take care of the children which leads to the weekly income being low compared to the other partner who may not have taken any career gaps. However in some cases parties may argue that a clean break is appropriate but then the party would need to make sure to get an clean break order so that no future claims are made against them, without the order there would always be a possibility that either parties…

    • 736 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    In Australia under the Family Law Act 1975 Domestic Violence is described as “Violent, threatening, or other behaviour by a person that coerces or control a member of the person’s family, or causes the family member to be fearful”. Domestic Violence includes emotional, verbal, social, psychological, sexual, physical and economical abuse. Considering the clandestine nature of domestic violence and the understanding that most incidents of domestic violence go unreported, this leads to a discrepancy with the reported statistics as it only shows the cross section of society that reported the domestic violence. The Family Law Act 1975 established law reform and reflected contemporary ideas about family breakdowns and ‘no fault’ divorces. This act provided justice for women in Australia in their struggle to be granted a divorce from their husband due to family breakdown and the ‘no fault’ divorce.…

    • 1672 Words
    • 7 Pages
    Superior Essays
  • Decent Essays

    No Fault Divorce Reform

    • 219 Words
    • 1 Pages

    When people ponder divorce, they never really think about how complex the legal system truly is. Even fewer know about the divorce reform, specifically with the no fault divorce laws. In the United States, California was the first state to enact a no fault based system in the early 1970s after a few years of revising the legal language changes that would be made to their previous marriage and divorce laws. In 1969, California dismantled their fault based divorce system and then implemented the no fault divorce system in which no single party of the marriage was at fault for the marriage deteriorating. Many states quickly followed California and adopted their own no fault laws; New York was the final state to enact a no fault divorce bill in…

    • 219 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Australian Family Law

    • 975 Words
    • 4 Pages

    TO WHAT EXTENT DOES THE LAW REFLECT MORAL AND ETHICAL STANDARDS OF AUSTRALIAN SOCIETY IN RELATION TO FAMILY MEMBERS? Family law refers to the area of the Australian Legal System (ALS) which is responsible for issues involving family members including domestic violence, divorce, marriage, surrogacy, and equality between de facto and same sex couples. It is of extreme importance that the ALS protects all family members with a main emphasis on the rights and obligations of parents and children. In regards to a reflection of the moral and ethical standards of Australian society in relation to family members, the ALS has displayed effectiveness towards the reform of laws surrounding domestic violence, divorce, and marriage, however, the ALS is…

    • 975 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Divorce is not a chance natural disaster but involves human error” (McGuinness, 2006, p.…

    • 2178 Words
    • 9 Pages
    Great Essays
  • Superior Essays

    Marriage law in Australia does not legally recognise same-sex marriage, and therefore, does not uphold society’s values and expectations. The phenomenon of same-sex marriage is gaining more popularity every day as society strives for equality for all individuals. The matter has already been enacted in many jurisdictions around the world. However, the Australian legal system remains reluctant in regulating same-sex relationships into marriages. Although this may be true, there has been recent development in Australian law regarding relationship recognition, which suggests the possibility of further demarche in the future.…

    • 1263 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Jewish Legal Traditions

    • 633 Words
    • 3 Pages

    But his main arguments reliably showed: (1) that great legal traditions with enlightened leadership have independently developed comparable laws of sex, marriage, and family on the strength of universal natural law principles, and (2) that the Jewish legal tradition offered a number of ingenious and humane interpretations of God’s natural law commands for this vital sphere of life. Selden vacillated between description of these ancient legal systems and prescription of some of their teachings for the modern Christian West, especially for his own beloved English common law. He wrote: “[w]ith the birth of Christianity, which is like a reformed Judaism from which Christianity originated, there is no doubt but that one may see [continuity of]…

    • 633 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Bullying Chapter Summary

    • 631 Words
    • 3 Pages

    Remarriage is a way for people to bring back their happiness and well-being and restore relationships, but sometimes it can result in another divorce. In the end, divorce is a very long and strenuous process that comes with many advantages and disadvantages (644-646). Divorce and remarriage doesn’t directly affect me, but it does apply to someone close to me. This individual was a freshmen in high school when his parents got divorced. He came from a very abusive home where his mother, siblings, and he suffered.…

    • 631 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Good morning/evening everyone. Today I am here to talk about an issue that has been plaguing Australia for many years. Forced marriage. The Australian legal system aims to provide safety to the community, by providing an effective and impartial justice process for the community.…

    • 1791 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Divorce Reflection

    • 1645 Words
    • 7 Pages

    Divorce means the legal termination of a marriage relationship. A divorce -- referred to in some states as dissolution of marriage -- is a decree by a court that a valid marriage no longer exists. A divorce leaves both parties free to remarry. It usually provides for division of property and makes arrangements for child custody and…

    • 1645 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Family Law Act 1975

    • 1194 Words
    • 5 Pages

    ASSESSING “SPECIAL” CONTRIBUTIONS PURSUIANT TO S 79(4) OF THE FAMILY LAW ACT 1975 (CTH) 13337720 I INTRODUCTION In distributing property, the Court must assess the parties’ respective contribution during the marriage under s 79(4) of the Family Law Act 1975 (Cth) to the extent that it is just and equitable. The scenario of “special” contribution arises where one party possesses a “special skill” which in turn results in a significant increase in the asset pool of the parties’ in a long-term marriages.…

    • 1194 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Japanese civil code stipulates several requirements of getting married. First, in order to getting married, the husband shall be over 18 years old, and the wife shall be over 16 years old . If either partner is under 20 years old, permission from at least one of his or her parents is necessary to overcome the age requirement . Second, only a woman cannot get married within six months of the dissolution of her previous marriage . It is said that this provision is aimed for avoiding duplication over assumption of paternity .…

    • 1043 Words
    • 5 Pages
    Superior Essays