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when a Divorce fails

Family Law, Children, Adoption

when a Divorce fails

Postby 3.14 » Sat Mar 25, 2017 3:28 pm

The headline: UK court refuses to let wife divorce husband, tells her unhappiness is to be expected in marriage

http://boingboing.net/2017/03/24/uk-cou ... ign=buffer
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Re: when a Divorce fails

Postby dls » Sat Mar 25, 2017 3:32 pm

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Re: when a Divorce fails

Postby atticus » Sat Mar 25, 2017 4:24 pm

There is no divorce. It has not failed.

The simple point is that the law allows divorce on certain grounds. If those grounds cannot be established then a decree of divorce will not be granted.
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Re: when a Divorce fails

Postby dls » Sat Mar 25, 2017 5:42 pm

Some years ago it was not very unusual for judges to refuse divorces on a weak petition. I practised in Brighouse, and we had a choice of presenting petitions in Halifax, Huddersfield, Bradford and Dewsbury. Each had different District judges, each with their own views on such matters. From distant memory, Bradford was the easiest, but they made life difficult if you sent too many from out of town.

The truth is that this was a very wek petition, and the solicitors look as if they were trying it on.
Atti is exactly right. As it stands, having a husband who worked too hard is not quite reason for divorce.
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Re: when a Divorce fails

Postby 3.14 » Sat Mar 25, 2017 7:14 pm

I don't want to be married anymore should be enough!
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Re: when a Divorce fails

Postby Smouldering Stoat » Sat Mar 25, 2017 8:21 pm

Should be, but isn't The judgment is worth reading in full: the President of the Family Division is scathing about the failure of successive governments to sort the law out. Parliament did in fact legislate to introduce no-fault divorce (in the Family Law Act 1996) but it was subsequently found to be unacceptable to the Editor of the Daily Mail and so was repealed without ever having been brought into force.
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Re: when a Divorce fails

Postby Hairyloon » Sat Mar 25, 2017 9:17 pm

3.14 wrote:I don't want to be married anymore should be enough!

Should read the contract before you sign it.
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Re: when a Divorce fails

Postby atticus » Sat Mar 25, 2017 9:53 pm

I didn't sign a contract when I married. I did, however, make a number of vows.
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Re: when a Divorce fails

Postby Hairyloon » Sun Mar 26, 2017 4:36 pm

Do you suggest that your marriage is not a contract, or that the contract is not worth the paper?
And if the vows at a wedding are a contract, what about the vows taken by the guests? I remember making some, though I forget precisely what they were. :?
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Re: when a Divorce fails

Postby atticus » Sun Mar 26, 2017 9:03 pm

You were the one who talked about signing a contract. What did you mean?
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