In England and Wales the Matrimonial Causes Act 1973 says that one ground for divorce is that the other spouse has behaved in such a way that the person wanting the divorce cannot reasonably be expected to live with them. The Claimant claims that the law is too vague and does not comply with the requirement of Human Rights Law that laws must be accessible so that people can comply with them and understand the requirements. He relies on numerous occasions when judges and other people have criticised the law in the past but the law has not changed and he says that the court must consider the issue if Parliament will not. The Defendants who are the Government argue that the claim should be dismissed without the arguments being heard in detail because the claim is made too late and in the wrong court and will not succeed. The Judge held that the claim should be considered in view of the fact that the hearing was not a mini-trial and was not a hearing of a trial on a point of law, that it was not too late and not in the wrong court.
McCloud M
[2021] EWHC 1564 (QB)
Bailii
Matrimonial Causes Act 1973, European Convention on Human Rights
England and Wales
Updated: 21 June 2021; Ref: scu.663351
