Separating Financial Disputes from Divorce Battles
Based on Sir James Munby, a senior family judge, the method of getting a divorce should be entirely distinct from money disputes. This matter came up when he was mentioning the ‘lamentable history of procrastination’ by the government towards restructuring the laws of divorce around the globe. Sir Munby is requesting to streamline new online divorce methods that family lawyers around the globe must back up.
The Streamlined Proposal
Sir Munby reveals that the goal of this proposal is to lower administrative stress within family courts. He would like to disconnect ‘the largely administrative and bureaucratic’ divorce tasks from the more challenging legal disputes of effects from the marriage. He explains that the majority of the judges’ time goes to resolving minor problems, referred to as the subsidiary reprieve, instead of the divorce itself. He revealed this during his last commentary regarding the real condition of family laws.
The Outdated Divorce Laws
The majority of lawyers employed in family courts have been trying to convince the government to alter divorce laws because they are already outdated. This is why no-fault divorces are necessary in such cases. They believe that the reformation of fundamental divorce needs primary legislation.
Sir Munby further claims that they cannot delay the demanding requirements of digital and procedural reform just because of an unreliable future. He wants to go ahead with the improvement based on the existing statutory regime.
With the formation of online divorce, couples will be able to remotely reform their civil partnership or marriage. Sir Munby remarks that they would need a system where there is a methodical, formal and legal complete separation of money and divorce. They should handle financial claims according to a single set of rules that must offer a common application form, a common procedure and a common set of forms.