1996년 영국의 개정 이혼법의 폐기와 프랑스의 이혼법 개정이 주는 시사점

Abstract

The British Government announced its intention to repeal Part II of the Family Law Act 1996, which was scheduled for implementation in 2000. The Act provided for several fundamental changes to English Divorce law. They are that: the institution of marriage is to be supported; the parties to a marriage which may have broken down are to be encouraged to take all practicable steps, whether by marriage counselling or to save marriage; a marriage which has irretrievably broken down and its being brought to an end should be brought to an end with the minimum distress to the parties and to the children affected. Even though the Act was repealed, it has very important and meaningful suggestion about the role of divorce law in the modern society. The new French divorce which was enacted in 26 May 2004 and began in force from 1 January 2005 overturned French divorce law again 30 years after the divorce law reform in 1975. Compared to other legislation on divorce, French law with recogni zes four grounds for divorce, could be regarded as one of the most complex one. However, the new Act of 2004 creates an innovative architecture for the grounds for di vorce, instigates greater relaxation of divorce procedures and re-think substantially the consequences of divorce. It is a balanced and well thought-out reform which has the merit of modernizing and simplifying divorce proceedings, while re-affirming and respec ting the value of th marriage. This paper is to introduce the English Family Law Act 1996 and to seek for the rea son of its revocation, to find out suggestive point in it. This paper also introduces New French Divorce Law, which is estimated as a balanced reform. English Act of 1996 and the reason of repeal, as well as new French divorce reform, will have suggestive and significant influence in amending the Korean divorce l.aw.