When Parliament was suspended this September, several bills making their way through the Commons and Lords were dropped. Although three pieces of legislation were carried over to the next session, the remainder fell into a legal limbo, with their only hope of resurrection being that the government would choose to re-introduce them upon the return of Parliament. One such bill lost in the Brexit shuffle is a reform of the divorce laws of England and Wales, which at the moment demand that couples provide evidence of ‘unreasonable behaviour’ or years of separation before a divorce can be granted, even if both parties have amicably agreed to end their marriage. Put simply, the proposed legislation aims to establish ‘no-fault divorce’, in which neither partner need be apportioned blame for the failure of the marriage. Under the Matrimonial Causes Act of 1973 currently in force, those seeking a divorce must prove their partner was at fault through adultery, desertion, or unreasonable behaviour. If there is no evidence of fault, consenting couples still must live apart for two years before they can file for divorce, while cases in which both sides cannot reach agreement must endure five years of separation.
Posts tagged ‘law’
In 1305, William Wallace was hanged, drawn, and beheaded. Notes from the court state that ‘his heart, liver, lungs and all his entrails be cast into the fire and burned’ and ‘his body be cut into four parts.’ His head was to be placed on London Bridge, with each ‘quarter’ of Wallace hung at Newcastle upon Tyne, Berwick, Stirling, and the town of St. John ‘for the terror and punishment of all who pass by’.
Crimes against the monarch or realm have often been treated harshly under English common law. Owing to Wallace’s role in the Scottish wars perhaps this severe punishment was to be expected. Legal historian, Sir John Baker, suggested that absence of legislation on treason was a risk to liberty and justice. A tyrannical ruler could choose to inflict the greatest punishment for the slightest offence. This is the likely reason why in 1351 the Commons and the Lords petitioned King Edward III to outline treason, resulting in it being the first major offence to be defined by statute.