영국의 이혼법 (Ⅰ) － 이혼원인과 이혼절차 －

Abstract

The British Government reformed the Family Law in 1969, which was implemented in 1971. Matrimonial Causes Act 1973 had the goal, which is '.. to buttress, rather than undermine, the stability of marriage, and when, regrettably, a marriage has irretrievably brokendown, to enable the empty legal shell to be destroyed with the maximum fairness and the minimun bitterness, distress and humiliation.' In Matrimonial Causes Act 1973, 'the Irretrievably brokendown' is the sole ground for divorce, a petition for divorce may be presented to the court by either party to a marriage on the ground that the marriage has broken down irretrievably, subjected to five facts(Adultery, Respondent's behavior, Desertion, Two years' separation and respondent's consent to the decree, five years' separation), but 'the special procedure' has been used as the procedure for obtaining the divorce. However, the Law Commission criticised Matrimonial Causes Act 1973 in 1990 which was discriminatory and unjust, distorted bargaining positions, provoked unnecessary hostility and bitterness, did nothing to save the marriage and could make things worse for the children. With that criticisms, The British Government reformed the Family Law in 1996 again. Family Law Act 1996 had the new goal which was to support the institution of marriage, to provide practicable steps to prevent the irretrievably brokendown of marriage, to save marriage, to ensure that couples understand the practical consequences of divorce before making any irreversible decision, where divorce is unavoidable, to minimise the bitterness and hostility between the parties and to reduce the trauma for the children and to keep cost to minimum. In Family Law Act 1996 new trial or procedure was designed, which was the information meeting, period for reflection and consideration etc.. Though the pilot program for Family Law Act 1996 made the British Government not implement Family Law Act 1996 in 2001, but Family Law Act 1996 was the interesting trial. This paper studies what the British divorce laws are, how the British divorce laws have been managed and what are the differences. These may help will have suggestive and significant influence in amending the Korean divorce law.