For general enquiries +44 (0)808 169 4320
  • Get in touch
  • About

    Birketts is a full service legal firm with offices throughout the East of England and in London.

    Whatever the challenge, we're here for you. As a proactive partner, we're always thinking about the changes and opportunities that you or your business will face, taking you to the next level.

    • Discover Birketts
    • Leadership Team
    • Offices
    • Environmental Social Governance
    • Compliance

    Our Culture

    Awards

  • Sectors
    • Agriculture
    • Banking & Finance
    • Care Homes
    • Charities & Not for Profit
    • Ecclesiastical
    • Education
    • Energy & Utilities
    • Family Business
    • Food
    • Healthcare
    • Housebuilders
    • Insurance & ReInsurance
    • International Services
    • Leisure & Tourism
    • Local Government
    • Motor Industry
    • Public Sector
    • Real Estate Investment
    • Retail
    • Shipping & International Trade
    • SIPPs / SSASs
    • Social Housing
    • Transport & Logistics
  • Services
    Services for business Services for individuals
    for business
    for individuals
    for business
    • Agriculture
    • Banking & Finance
    • Commercial Property
    • Commercial & Technology
    • Competition
    • Construction & Engineering
    • Corporate, Mergers and Acquisitions
    • Data Protection Services
    • Employee Incentives
    • Employment
    • Franchising
    • Health & Safety
    • Immigration Services
    • Intellectual Property
    • International Services
    • Litigation & Dispute Resolution
    • Planning & Environment
    • Property Disputes
    • Public Inquiries
    • Regulatory & Corporate Defence
    • Restructuring & Insolvency
    • Shipping & International Trade
    • Tax
    for individuals
    • Agriculture
    • Construction
    • Contentious Trust & Probate
    • Court of Protection
    • Data Protection Services
    • Dispute Resolution
    • Employment
    • Estate Planning & Wills
    • Family
    • Financial Crime
    • Immigration Services
    • International Services
    • Leasehold Enfranchisement
    • Motoring Offences
    • Personal Taxation
    • Private Criminal Defence
    • Probate
    • Property Disputes
    • Public Inquiries
    • Residential Property
  • Our People
  • Insight

    Legal Updates

    News

    Newsletters

    Events

    Webinars

    Podcasts

    Shaping excellence

  • Join us
    • Current Vacancies
    • Our Story
    • Life at Birketts
    • Learning & Development
    • Benefits at Birketts
    • Environmental Social Governance
    • Recruitment Contacts

    Graduates

    Business Services

    Legal Secretaries

    Lawyers

  • Home
  • Legal Updates
  • Private Lives – Divorce law: too complex, outdated and out of touch
Share on
Private Lives – Divorce law: too complex, outdated and out of touch
April 3, 2019

Research published by the Nuffield Foundation on 6 February highlights the need for divorce law reform. 

It is hoped that the recent research, by Professor Liz Trinder from Exeter University, will influence the Ministry of Justice to consider the urgent reform of divorce law. 

The current legislation is viewed by many to be too complex, outdated and out of touch with society today, particularly given the rise in the number of cohabiting couples and litigants in person. 

One of the findings highlights that 14% of all divorce cases in England and Wales either come to a halt completely, or are significantly delayed because the spouse receiving the divorce petition refuses to respond. The research suggests that these ‘non-response’ cases are more likely to occur in situations where there are allegations of domestic abuse or coercive control.

If a spouse refuses to respond to a divorce petition, this causes particular problems for litigants in person. As an unrepresented party, or a self-represented party, they are unlikely to understand the legal steps that could be taken to prove to the court that the other person has received the divorce petition, thereby enabling the divorce proceedings to move forward. 

As the law currently stands, divorce proceedings will not progress unless the person receiving the divorce petition formally acknowledges receipt, usually by completing and returning to the court their acknowledgement of service form. If this doesn’t happen, the person serving the petition can take other legal steps to prove to the court that the person has been served. 

The research published concludes that “it cannot be right that where a marriage has broken down irretrievably, respondents can continue to obstruct the divorce simply by refusing to engage.”

It is possible that digitisation of the divorce process will offer an opportunity to address this particular problem. The recent report strongly recommends that the Government looks to re-design the ‘acknowledgement of service’ form, making information clearer for both parties to the divorce and incorporating every possible means to prevent non-response. 

If you would like to arrange an appointment to discuss the divorce process with one of our divorce lawyers or would like divorce advice please contact Denise Findlay on 01603 756470 or [email protected]. Our divorce solicitors are available in all four of our offices – Cambridge, Chelmsford, Ipswich or Norwich.

This article is from the spring 2019 issue of Private Lives, our newsletter covering the key legal and tax issues that individuals face. To download the latest issue, please visit the newsletter section of our website. Law covered as at April 2019.

To keep up-to-date with the latest news, legal updates and seminar information, please register and select the areas that are of interest to you.

Denise Findlay

View profile

The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at April 2019.

Join us

  • Business services
  • Experienced lawyers
  • Graduates

Information

  • Anti Slavery
  • Cookies
  • Fees
  • Statement

Find us

  • Contact us
  • Our People
  • Offices

Subscribe

  • Subscribe
© Copyright Birketts LLP 2022 All rights reserved
Follow us: