Report comment

S1 of the Divorce Reform Act 1969 already provides for no fault divorce. it is s2 which causes the problem, and could be easily amended to suit modern day society. However, it is significant that in the 1969 Act ss 4 and 6 protect only a respondent who would suffer financial hardship if a divorce were to proceed under either of the two separation grounds, which shows how different the financial aspects of married life were then and it is clearer guidance to the courts on financial matters, fully updated, that is the real need. As to Owen v Owen, that was clearly wrong in law - it takes two to make a marriage and the fact that only one party still wants to make it work should have been proof positive that breakdown had occurred. S 2.3 imposes no obligation on the Judge to deny divorce by default, and, in my view, clearly states the opposite. Cl 3 only allows adjournment if a judge is in doubt, not dismissal. IMHOP.