Reconciliation and its necessity in marital breakdown proceedings

Abstract

The concept of reconciliation features prominently in marital breakdown, but it is scarcely given the attention that other elements of Family Law receive, despite the consequences it has. In light of this, it seemed adequate that the research would discuss the concept in practice, and in writings. Additionally, the roles within such a concept have also been discussed in order to examine the obligations which each role in reconciliation has, and any improvements which can be made to the law. Thus, the research examines the law in relation to divorce and separation and the legal application of reconciliation. In conjunction, foreign and local judgments, and publications have been analysed to further determine the necessity and relevance of reconciliation. This approach identified issues of great importance. Firstly, reconciliation is important in Family Law, but the Law and jurisprudence often confuse it with reunification. The current law fails to take into account that spouses can reconcile without resuming their marital life. Secondly, the mediator is wrongly tasked with carrying out reconciliation, and in light of this, it would be better for the Law to expand to services that are better apt to reconcile. Thirdly, the lawyer should refrain from adversarial litigation in such instances. The Court should, in the reformative process suggested, have some say in reconciliation. Ultimately, it is the behaviour of the parties which determine the success of reconciliation, and as a result, a new system that prioritises the spouses’ choice needs to be implemented alike that found in other jurisdictions, to refine the procedure that the Law currently has in place.