(430)  FAMILY LAW BILL LAUNCHED

The long-awaited and much consulted-upon Family Law Bill (see Nos 254, 350) was finally launched on 8 February 2005.  The Bill reduces the periods of time needed to establish marriage breakdown as a ground of divorce from two years to one in uncontested cases and from five to two years in contested ones.  Over 80% of divorces are granted on these rather than the fault grounds of adultery, unreasonable behaviour and desertion.  The last of these will now cease to be a ground for divorce.  The Bill also extends the legal regime for unmarried cohabiting couples, to give legal protection to unmarried cohabitants on the breakdown of the relationship or when a partner dies.  These include allowing applications to be made to the court by the surviving partner on the death of a cohabitant when that person has died intestate, in order to obtain a share in the deceased partner’s estate.  Matrimonial interdicts are extended in scope to cover not only the matrimonial home but also any other home occupied by the applicant, the applicant’s place of work and the school attended by any child in the applicant’s care.  The Bill introduces the concept of domestic interdicts”