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Khula – the Islamic non-fault divorce
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Ah the non-fault divorce surely a myth of matrimonial law! Can it be that we can allow parties to separate without attributing any blame? Where’s the fun in that…?!
Joking aside the issue is really a pertinent one especially when we live in an age where dispute resolution in all its weird and wonderful forms – mediation arbitration and conciliation – are stressed more and more by the courts as the way to deal with matrimonial disputes. This has been highlighted in the recent change in law as of 22 April 2014 where all parties who wish to make an application to court regarding children or finances have to first attend a
Mediation Information Assessment Meeting (MIAM) to see whether or not their case is suitable for mediation.
So if we can have this for children and finances why can’t we have something similar for the actual divorce why is there no such ground in English law that allows parties to separate without blaming each other?
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Read the full article here.
