Joint Application Essay

1485 Words3 Pages

(i) Critically analyze whether the introduction of joint application has further these goals.
Introduction

Prior to 24 June 1996, the sole ground for divorce was irretrievable breakdown of marriage and the petitioner has to satisfy one of the five “facts” stated in section 11A(1) of the Matrimonial Causes Ordinance (Cap. 179) (“MCO”).

Divorce by joint application was introduced in 1996 and is governed by section 11B of MCO. Parties are still required to satisfy that the marriage has broken down irretrievably but this could be proved by evidence showing “(a) that the parties to the marriage have lived apart for a continuous period of at least 1 year immediately preceding the making of the application; and (b) that not less than 1 year prior to the making of the application a notice under subsection (3), signed by each of such parties was given to the court and that the notice was not subsequently withdrawn”.

(A) To buttress, rather than to undermine the stability of marriage

It appears that the introduction of joint application has made divorce easier. Where both parties agree to make the application jointly and can satisfy the court either one of the two conditions under section 11B(2), a decree nisi will be …show more content…

This procedure enables the court to grant a divorce based on affidavit evidence without the need for the parties to appear before the court. It transforms the divorce law into more of an administrative than a judicial process. The consensual nature of joint application certainly reduces stress caused by the divorce proceedings. Further, unlike petitioning for divorce on the ground of adultery or unreasonable behavior under section 11A(2), the parties need not argue before the court and prove that the spouse is blameworthy. Joint application divorce reduces the cross-allegations between parties and therefore minimizes bitterness, distress and humiliation during the divorce

Open Document