There is evidence to show that there is a decline in domestic violence and female suicide rates in countries which implement a no-fault system already
Statics show that it typically takes a victim of domestic violence seven attempts to finally leave her abusive partner. Often in the early stages, the victim may not even realise s/he is in an abusive relationship. By the time the victim does realise it, there are often many barriers to leaving. No-Fault provides a quicker way out for domestic violence victims and reduces the amount of barriers that domestic violence victims face. A domestic violence victim would have the option to bring a unilateral application for a divorce which could be granted, allowing the divorce to be finalized much …show more content…
In some courts a system is implemented which ensures that before you can issue financial or children cases, it is mandatory that you attend a mediation appointment first. However, our current divorce structure, where couples are forced to apportion blame for their marriage breakdown, rather contradicts this notion of encouraging people to collaborate and mediate with each other. Introducing a no-fault system would mean that most couples would be more willing to sort out financial affairs and child arrangement etc. between themselves supporting the Government’s intentions. This system is also not something that is enforced by all courts of law because often mediation is not possible as a first step. There are cases where mediation is just not viable, for example a victim of domestic abuse is not expected to mediate with her abuser in order to further the court objectives, this would simply be …show more content…
As a group of prominent family scholar said: ‘At least since the beginning of recorded history, in all the flourishing varieties of human cultures documented by anthropologists, marriage has been a universal human institution.’ Courts have long recognised the institutional nature of marriage’. In countries that have already implemented the no-fault system, it is said to have changed the legal and social presumption of permanence in marriage. Intentionally or unintentionally, no-fault divorce has diminished the institutional and social expectation of marriage permanence.
No-fault divorce undermines the notion of commitment that is key to the nature of marriage. Each spouse, knowing the other’s commitment is enforceable (under a fault-based system), receives assurance that his or her investment in the relationship will be protected. It could be argued that no-fault divorce denies the parties the opportunity of engaging in a long-term committed project, fully immersing themselves in the marriage confident that the other party cannot (without good reason) withdraw from the
Statics show that it typically takes a victim of domestic violence seven attempts to finally leave her abusive partner. Often in the early stages, the victim may not even realise s/he is in an abusive relationship. By the time the victim does realise it, there are often many barriers to leaving. No-Fault provides a quicker way out for domestic violence victims and reduces the amount of barriers that domestic violence victims face. A domestic violence victim would have the option to bring a unilateral application for a divorce which could be granted, allowing the divorce to be finalized much …show more content…
In some courts a system is implemented which ensures that before you can issue financial or children cases, it is mandatory that you attend a mediation appointment first. However, our current divorce structure, where couples are forced to apportion blame for their marriage breakdown, rather contradicts this notion of encouraging people to collaborate and mediate with each other. Introducing a no-fault system would mean that most couples would be more willing to sort out financial affairs and child arrangement etc. between themselves supporting the Government’s intentions. This system is also not something that is enforced by all courts of law because often mediation is not possible as a first step. There are cases where mediation is just not viable, for example a victim of domestic abuse is not expected to mediate with her abuser in order to further the court objectives, this would simply be …show more content…
As a group of prominent family scholar said: ‘At least since the beginning of recorded history, in all the flourishing varieties of human cultures documented by anthropologists, marriage has been a universal human institution.’ Courts have long recognised the institutional nature of marriage’. In countries that have already implemented the no-fault system, it is said to have changed the legal and social presumption of permanence in marriage. Intentionally or unintentionally, no-fault divorce has diminished the institutional and social expectation of marriage permanence.
No-fault divorce undermines the notion of commitment that is key to the nature of marriage. Each spouse, knowing the other’s commitment is enforceable (under a fault-based system), receives assurance that his or her investment in the relationship will be protected. It could be argued that no-fault divorce denies the parties the opportunity of engaging in a long-term committed project, fully immersing themselves in the marriage confident that the other party cannot (without good reason) withdraw from the