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Unlike other legal matters, the issue of divorce is incredibly contentious. Straddling two very different worlds of civil and religious law, marriage and its dissolution spark strong reaction from all corners. A sacred institution, detractors of the proposed change have argued that a reduction to the burden of proof would diminish the efficacy of divorce proceedings and make it easier for couples to end their marriage.
Under proposed changes, there would be two substantive changes to current law: firstly, the government proposes that the courts move away from a system that requires couples provide the court with reasons for the breakdown of the marriage removing the need to cite particular blame. In addition, the government proposes that instead of having to acquire consent from their spouse or courts, couples or one partner could give notice of their intent to divorce stating their belief that the marriage had broken down and set divorce proceedings in motion... This reform comes in light of the Tini Owens case, where Ms Owens divorce was blockaded by her husband. As a result, the government reasons that if one spouse has concluded that the marriage is over, then the legal process should respect that decision and should not place impediments in the way of a spouse who wants to bring the marriage to a legal end.
The landmark decision of the Supreme Court denied Tini Owens divorc
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