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(Mis)conduct in ‘matrimonial’ proceedings after ‘no-fault’ divorce and dissolution

© Copyright LexisNexis 2024. All rights reserved.
Date:30 SEP 2021
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Professor Chris Barton A Vice-President of the Family Mediators Association Academic Door Tenant Regent Chambers Stoke-on-Trent

 

As the Divorce Dissolution and Separation Act will allow for divorce etc only by notification what obligations if any are still conferred by formal domestic partnership? Are they the same for men and women and for civil partners and spouses? Whilst many religions eg Christian Jewish Muslim require or preclude various types of behaviour are inter-partnership rights sexually and beyond mirrored by those relating to exclusivity? Can they be customised?

Other sorts of matrimonial proceedings continue to suggest that formal partners incur certain obligations. ‘Failure to provide reasonable maintenance’ speaks for itself as does its progenitor the husband’s common law duty of maintenance’ (which remains extant until its abolition by s 198 of the Equality Act 2010 is implemented). Sexual problems may allow for annulment of marriage - but not civil partnership. Financial remedies on annulment divorce ...

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