ABSTRACT

The law on divorce is set out in the "Matrimonial Causes Act 1973". The grounds for divorce and divorce procedure were to be reformed in the "Family Law Act 1996 Part II". The "Family Law Act 1996" tried in statutory format to provide a mechanism which recognised that divorce was a social reality, but at the same time tried to get the couple concerned to properly consider whether their relationship was at an end. The Act sought to reduce bitterness and encourage future cooperation by requiring the couples to seek to negotiate their own arrangements regarding finance and their children where possible. The option of mediation was available in the hope that expensive adversarial litigation could be avoided. Mediation is a process whereby an impartial and trained individual meets with the parties and encourages them to reach an agreement on areas of dispute such as financial provision and arrangements for the children.