The need for divorce reform Essay Example | Topics and Well Written Essays - 2250 words

The need for divorce reform - Essay Example In 1966, the Law Commission undertook a study and noted that 40% of illegitimate births occurred in stable families, a factor that mooted reform in the divorce laws. There is a need to evaluate social evidence in making the estimation about the need for reform and the kinds of reform that will be appropriate. Proposals for reform in the divorce process were mooted by Government4 in a report that examined the viability of mediation as an option in handling divorce costs in view of rising costs that were accruing to contestants in a divorce. As a result of the need for reform that was identified in this report, the Family Law Act of 1996 was passed by Parliament in 1996, whereby divorce is granted on the basis of an irretrievable breakdown of a marriage. While this law introduces many useful amendments, the problem is that some of the provisions are still not operational and may not be brought into effect. Some of the major grounds that permit divorce are (a) adultery (b) unreasonable behavior (c) separation (d) two years separation with consent (e) five years separation without consent. The major causes of divorce are adultery and unreasonable behavior, reflecting the changing social mores that have created single parent families, step parents, same sex parents and extended family units. In view of the issues that rise in a divorce settlement, including high costs and the need to reduce acrimony in the divorce for the welfare of the children that may be involved in the divorce process, arbitration may emerge as a viable process.