Board slams government's stance on no-fault divorce

FAMILY LAW: couples face acrimony if part of Act is scrapped

Government plans to scrap part two of the controversial Family Act 1996 - which introduced the concept of 'no-fault divorces', along with compulsory information meetings, and mediation for couples requesting legal aid - were criticised last week by the Lord Chancellor's Advisory Board on Family Law.The Lord Chancellor decided not to implement the second part of the Act in January of this year, describing it as an 'unfeasible' and 'too complicated' a piece of legislation.

In the board's annual report, published last week, chairman Sir Thomas Boyd-Carpenter concluded that while the no-fault divorce plans were 'not perfect', they were 'good enough to put into practice and subsequently refine'.

He claimed the abandonment of part two was 'deeply disappointing' as it would mean that 'couples would be forced to continue to find acrimonious grounds in order to obtain a divorce in less than two years'.Rosemary Carter, previous chairwoman of the Solicitors Family Law Association, said she had 'mixed views' on the scrapping of the proposals.'We are strongly in favour of no-fault divorces, as a couple who have decided to part amicably should not be forced to find grounds of acrimony,' she said.

'However, the Act as it stood had been badly mangled on its various passages through parliament, and was a legislative shambles which would have been near impossible to implement effectively.'Victoria MacCallum