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The absence of no-fault divorce in England and Wales looks updated.

来源:焚题库 [2022-08-01] 【

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    共享题干题The absence of no-fault divorce in England and Wales looks updated. People stay in loveless marriages for many reasons: anxiety about the impact of splitting up on their children; financial dependency on a spouse; fear of loneliness. Tina Owens is stuck in hers because a judge refused to give her a divorce. She said that her husband’s treatment of her,including scolding her in front of their housekeeper and ignoring her over a meal,amounted to unreasonable behavior, grounds for divorce.

    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 years’ 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    In 1996 the government tried to introduce no-fault divorce, but the legislation was repealed in 2001 after requirements on the parties to attend “information meetings” to encourage reconciliation proved unworkable.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 stated 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.

    单选题第1题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

    参考答案:D

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    答案解析:根据文章第1段第二句可知,人之所以待在一段无爱的婚姻里,原因有很多:担心离婚对子女造成的影响,对配偶的经济依赖,还有对孤独的恐惧。答案为D。

     

    单选题第2题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.

    参考答案:C

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    答案解析:根据原文第 2 段 “Since her husband has refused to consent to the break-up, she must wait five years”可知,她想离婚但是丈夫不同意。答案为C。

     

    单选题第3题“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

    参考答案:B

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    答案解析:根据题干定位到原文第2段,该句意为如果英格兰和威尔士不再坚持过错是离婚不可缺少的因素,那么她的处境会简单得多。所以选项B为正确答案。

     

    单选题第4题What does “add his voice” in Paragraph 3 mean?()。
     

    A.Show his support.

    B.Express his view.

    C.Speak louder.

    D.Disapprove.

    参考答案:A

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    答案解析:A项意为“支持”。根据原文第3段可知,“增加自己的声音”意为“支持”。其他三项均与原意不符。答案为A。

     

    单选题第5题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.

    参考答案:A

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    答案解析:根据原文第4段最后一句 “Relate is a charity that provides relationship counselling”可知,Relate是一家提供婚姻咨询的慈善机构。选项A最贴近题意,答案为A。

     

    单选题第6题How many years did the “no-fault” act last according to Paragraph 5?()。
     

    A.3

    B.4

    C.6

    D.5

    参考答案:D

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    答案解析:根据原文第5段可知,该法案于1996年引进,2001年废除,所以答案为D。

     

    单选题第7题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.

    参考答案:A

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    答案解析:根据题干定位到原文第6段最后一句话:Opponents of no-fault divorce worry that it might make ending marriage too easy, “ending marriage” 即 “get divorced”。答案为A。

     

    单选题第8题Which countries allow couples to divorce without allocating blame?()。
     

    A.America, Finland.

    B.Spain, Finland.

    C.America, Spain.

    D.Spain, China.

    参考答案:C

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    答案解析:根据原文 “Other countries, such as America, the Netherlands and even largely Catholic Spain allow couples to divorce without allocating blame”可知,C为正确答案。

     

    单选题第9题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

    参考答案:C

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    答案解析:根据原文“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”可知,答案为C项。

     

    单选题第10题What is Lowe’s attitude towards the “no-fault” divorce?()。
     

    A.Indifferent.

    B.Central.

    C.Opposed.

    D.Supportive.

    参考答案:D

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    答案解析:根据原文最后一段“If both parties want to break up,Mr. Lowe asks, why should it be in the state’s interest to hold up the process”(Lowe质问道:“如果双方都想要离婚,为什么着不离婚会符合国家利益?”),可见Lowe对现有离婚法案的不满,从而反映出他支持无错婚姻法。答案为D。

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