TNAG-0200-FCO40-236-Divorce-rules-1970 — Page 76

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LORD CHANCELLOR'S OFFICE

HOUSE OF LORDS

LONDON S.W.1

(a)

(b)

As from 1st January 1971 England is going to have a completely different divar ce law. Not only will the Divorce Reform Bill do away with all the old "matrimonial offence" doctrine, but the discretionary bars will have gone as well. In addition, we expect to have re-written completely the law on maintenance and custody, on the lines of the Law Commission's draft Bill annexed to their recent Report (La Commission No.25) and to have abolished the remedy of restitution (Law Commission Paper No.23).

This will mean completely re-writing the Matrimonial Causes Rules 1968 and they will not thereafter fit the substantive

law as set out in the Matrimonal Causes Ordinance.

(c) As far as "non-domiciled" divorce is

concerned, this will presumably mean yet more amending Rules rule 7 will not be apt, for example, and rule 13 will no longer be workable, because the uru nane will be largely inapropriate.

over

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