Instead 'irretrievable breakdown
' will be the sole reason to be considered.
| New process: Spouses will be able to submit a "statement of irretrievable breakdown
" to apply for divorce under the new laws.
Before he was expelled from the party, Mr McEvoy had been "permanently excluded" from Plaid's Assembly group, with its members saying there had been an irretrievable breakdown
Asked why Hilliard, who had served as building principal at Johnston City the last five years, was resigning, Clark offered the following statement: "it was due to an irretrievable breakdown
of communication between the principal and district administration."
It created the so-called 'quickie' divorce and introduced 'irretrievable breakdown
' as grounds for separation.
It also abolished the ground of 'desertion' which up until 2006 was one of the five means of establishing irretrievable breakdown
set out in the 1976 Divorce (Scotland) Act.
Other changes relate to irretrievable breakdown
, the need to live apart and being required to provide evidence of misconduct.
The proposed changes in the 12-week consultation include: | Making "the irretrievable breakdown
of a marriage" the sole grounds for a divorce | Removing the need to live apart or provide evidence of a partner's misconduct | A new court notification process that can be triggered by one or both parties | Removing the opportunity for the other spouse to contest the divorce application
The paper also discussed the rights of a widow, and the changes application to general laws such as introduction of community of (self acquired) property after marriage, inclusion of irretrievable breakdown
of marriage as a ground for divorce.
Forty years ago, we saw a shift to establish that the only ground for divorce was that of the irretrievable breakdown
of the marriage.
The cases, though, many over a century old and decided prior to our no-fault statute, offer scant guidance as to how to determine whether a marriage has suffered an irretrievable breakdown
, particularly if one party denies such has occurred.