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Divorce reform and family mediation in England: an overview of the relevant provisions of the Family Law Act, 1996

Ibrahim, Norliah and Abdul Hak, Nora (2009) Divorce reform and family mediation in England: an overview of the relevant provisions of the Family Law Act, 1996. IIUM Law Journal, 17 (2). pp. 247-269. ISSN 0128-2530

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Abstract

The article focuses on the divorce reform in England. In 1996, the Family Law Act was passed by the Parliament in England, which is cited as Family Law Act, 1996. Unfortunately, after it was passed, there have been problems concerning its enforcement. Thus, the Government decided to postpone the enforcement of some parts of the Act. Generally, the suspension involves the law concerning the ground of divorce and mediation. However, it is felt that it is significant to deliberate on the Act although its position is still uncertain, as it has a lot of strengths and goodness in upholding the institution of family. Under the Act, mediation is introduced because is has many advantages such as it resolves disputes amicably and it can reduce backlog of cases in the court. It is hoped that the discussion in this article highlights the goodness of the divorce reform that took place in England to Malaysia. In Malaysia, the current Law Reform (Marriage and Divorce) Act 1976 has been enacted since 1976. Perhaps, we may learn from England in introducing a new piece of family law Act to the non-Muslims and to introduce mediation as an alternative means in resolving family disputes.

Item Type: Article (Journal)
Additional Information: 807/6288
Uncontrolled Keywords: divorce reform, England, Family Law Act 1996
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Prof. Dr. Nora Abdul Hak
Date Deposited: 01 Nov 2011 16:31
Last Modified: 22 Nov 2011 03:59
URI: http://irep.iium.edu.my/id/eprint/6288

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