The absence of no-fault divorce in England and Wales looks updated
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The judge, however, disagreed, saying they were “minor altercations...to be expected in a marriage”. Since her husband has refused to consent to the break-up, she must wait five years. Ms. Owens has asked the Court of Appeal to overturn the ruling. Her position would be simpler if England and Wales did not insist on blame being part of divorce. As well as unreasonable behavior, marital breakdown can be demonstrated by evidence of adultery or desertion. The alternative is at least two year’s separation. But the notion of fault is often little more than a charade.
Kerstin Beyer, a family lawyer, cites a case where the“unreasonable” behavior involved the wife pursuing an “independent social life”. Insisting that somebody must be to blame makes an already difficult process harder. This week Lord Wilson, a Supreme Court judge, added his voice to those calling for “no-fault” divorce.
Others in favor include Sir James Munby, president of the family division of the High Court, Lady Hale, another Supreme Court justice, most of those working in family law and organizations such as Relate, a charity that provides relationship counselling.
In 1996 the government tried to introduce no-fault divorce, but the legislation was repealed in 2001 after requirements on the parties to attend “information meetings” to encourage reconciliation proved unworkable. In 2015 Richard Bacon, a Conservative MP, introduced a private members’ bill proposing no-fault divorce with a year’s cooling-off period, but it failed to get a second reading.
There has always been a sensitivity around the notion of undermining marriage, says Nigel Lowe, an emeritus professor of law at Cardiff University who is also a member of the Commission on European Family Law, a group of academics. This is clear in debates over same-sex and civil unions. Opponents of no-fault divorce worry that it might make ending marriage too easy.
Other countries, such as America, the Netherlands and even largely Catholic Spain allow couples to divorce without allocating blame. The evidence from elsewhere suggests that fears of a spike in divorces may be overblown. Scotland, England’s closest neighbor geographically and jurisdictionally, introduced no-fault divorce in 2006. In the next two years the divorce rate rose, Perhaps as some previously made to wait hurried through their split. But then it continued to fall.
If both parties want to break up, Mr. Lowe asks, Why should it be in the state’s interest to hold up the process? Sorting out the division of assets and arranging for the custody and future care of children are always the hardest aspects of ending any marriage. Eliminating questions of who is to blame for the split would allow those involved to focus on dealing with these.
單選題第1題We can NOT learn from Paragraph 1 that people stay in loveless marriages because of______.
A.nervousness about the impact on their children
B.financial dependence
C.fear of being alone
D.nervousness of being old
參考答案:D
答案解析:
單選題第2題Why is Tina Owens stuck in her loveless marriage?
A.She didn’t want to divorce, but her husband did.
B.She wanted to divorce but her parents didn’t approve.
C.She wanted to divorce but her husband didn’t.
D.She didn’t want to divorce, and her husband didn’t either.
參考答案:C
答案解析:
單選題第3題“Her position would be simpler if England and Wales did not insist on blame being part of divorce” in Paragraph 2 implies that______.
A.Tina Owens would become simpler if she insisted on divorce
B.Tina Owens would succeed in divorcing if the relevant law didn’t care who was to blame
C.Tina Owens would not become simpler if she insisted on divorce
D.Tina Owens would not succeed in divorcing if the relevant law didn’t care who was to blame
參考答案:B
答案解析:
單選題第4題What does “add his voice” in Paragraph 3 mean?
A.Show his support.
B.Express his view.
C.Speak louder.
D.Disapprove.
參考答案:A
答案解析:
單選題第5題Which of the following statements is TRUE about Relate?
A.Relate is a charity that provides marriage counselling.
B.Relate is an organization that provides law counselling.
C.Relate is an act that regulates law concerning marriage.
D.Relate is a charity that provides help for those who has divorced.
參考答案:A
答案解析:
單選題第6題How many years did the “no-fault” act last according to Paragraph5?
A.3
B.4
C.6
D.5
參考答案:D
答案解析:
單選題第7題What did the opponents of no-fault divorce worry about?
A.It would be easier to get divorced.
B.It would be harder to get divorced.
C.It would be impossible to get divorced.
D.It provided enough guarantee for marriage.
參考答案:A
答案解析:
單選題第8題Which countries allow couples to divorce without allocating blame?
A.America, Finland.
B.Spain, Finland.
C.America, Spain.
D.Spain, China.
參考答案:C
答案解析:
單選題第9題According to the passage, the divorce rate______after introducing no-fault divorce in Scotland and England in 2006?
A.rose
B.fell
C.first rose then fell
D.continuously rising
參考答案:C
答案解析:
單選題第10題What is Lowe’s attitude towards the “no-fault” divorce?
A.Indifferent.
B.Central.
C.Opposed.
D.Supportive.
參考答案:D
答案解析:
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