Professor Liz Trinder has published interim findings from Finding Fault in a divorce which has stemmed from the Judgement from Owens v Owens in the Court of Appeal. She has researched whether there is need for reform in UK divorces and is will publish a full report in Autumn 2017.
Professor Trinder found the following:
- The majority of divorces are based on ‘fault’ i.e. blaming one spouse for the marriage breakdown.
- Using fault (adultery or behaviour) means the divorce will complete much quicker, instead of a wait of at least two years.
- Divorce petitions are not necessarily accurate records of how the marriage broke down. Petitions can be based on compromise statements designed to minimise hostility, or can be just one person’s view of what went wrong with the marriage.
- Petitions are taken at face value as the court cannot test whether allegations are true. ‘Rebuttals’ written on the form by respondents are ignored unless the respondent files a formal ‘Answer’ (with £245 fee) to defend the petition.
- The threshold for behaviour petitions appears to be lower than 30 years ago. Very few petitions appear to be rejected on substantive legal grounds, whether ‘true’ or not.
- Fault can create or aggravate conflict. This can affect negotiations about children or finances where the law expects parties to remain amicable and attempt to work together.
- In reality, there is already divorce by consent but masked by an often painful and sometimes a damaging legal ritual.
The professor believes that “Reform of the divorce law is long overdue. A single system of notification of intent to divorce would be clearer, more honest and neutral between petitioner and respondent.”
The Jacksons matrimonial team prefer to work in an amicable manner hoping to avoid hostility between parties in an already emotional situation. For more information or advice on divorces please do not hesitate to contact Louisa Bestford on 0191 2069617 or Emma Canham on 0191 2069621.
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