News from Greenes Solicitors
Is it finally the end of an era for fault-based divorces?
With the election campaign now under way, Solicitor Kerry Russell examines whether the three main political parties plan to update the current divorce law to allow for a “no-fault” divorce system in the run up to the election.
According to a recent report in the Independent, three in four divorce lawyers want the Government to reform the current divorce system and allow "no fault" divorce. The current law in England and Wales is inconsistent with other countries such as the Germany and Canada which recognise “no-fault divorces”. Time has been called on the current divorce system with reforms needed to prevent couples being forced to blame each other when they are seeking to end their marriage.
In order to obtain a “no-fault” divorce in England and Wales, couples must satisfy the court that they have been living apart for a continuous period of at least two or five years. For those who have not had this time apart, they are effectively forced to cite their partner’s wrongdoing, whether that be unreasonable behaviour or adultery and the repercussions of doing so can quite often lead to a breakdown in communication and the children are often left feeling the brunt with increasing numbers of child-related issues being brought before the courts.
Presently neither Labour nor the Conservatives support a change in the law and seem to take a pro-marriage stance. Labour’s Ed Balls speaking to the Sunday Times in December is quoted as saying “our family policy now is actually about the strength of the adult relationships.
David Cameron who has also been very vocal on his support of marriage and has been quoted as saying “… we need to help couples stay together in the first place” has indicated recently that his party wanted to reward marriage through the tax system and hopes that this would be possible in the next Parliament. Former Tory leader Iain Duncan Smith, now chairman of the Centre for Social Justice thinktank believes that divorce proceedings did need to be less acrimonious but he does not support the no-fault divorce calls. In his recent article in the Independent, he believes that quick divorces will wreck Britain’s social fabric and would undermine marriage.
May change come about by the Lib Dems? Nick Clegg, Leader of the Liberal Democrats in his speach at the Relate Institute’s Third Annual Lecture in July last year called both David Cameron and Iain Duncan Smith’s views bizarre and patronising and stated “Do they really think that people’s relationships can be kept alive by legal tricks to keep them officially married? Tax bribes and legal barriers may sustain a few more marriages, but they won’t sustain a single extra happy relationship.”
Whilst the political parties battle for support during 2010, it seems that a no-fault divorce system is a long way off and divorcing couples will have to continue with the far from ideal legislation presently in place.
To speak to a solicitor contact us on 01625 528816 or mail@greenelaw.co.uk
Social networking websites – a blessing or a curse in divorce and children disputes?
It is estimated that approximately 14 million Britons are believed to regularly use social networking sites such as Facebook, Bebo, MySpace and Twitter to communicate. With social networking sites making it easier for bored spouses to reunite with old flames, flirtatious emails and posts to and from others are increasingly being cited as unreasonable behaviour in divorces petitions.
In one case a British woman ended her marriage when she discovered her husband’s Facebook status read: 'Neil Brady has ended his marriage to Emma Brady.' Mrs Brady had no idea that he wanted a divorce and only found out when a friend, who read the post rang to inform her.
With the popularity of social networking sites increasing, more couples are choosing to air their personal laundry in the system. There are even “I hate my ex-husband” and “I hate my ex-wife” groups created on Facebook with hundreds of members publicly abusing their ex’s for all to see.
Social networking sites can also act as a double-edged sword during divorce proceedings. How would a divorcing wife feel when she reads her husband’s Twitter post and discovers that he has bought his new partner an expensive piece of jewellery or a car? She may think her husband is deliberately dissipating matrimonial assets and this may lead to acrimonious court action and a complete communication breakdown. The same could be said if a wife claims that she is entitled to spousal maintenance from her husband because she is unable to work however a MySpace status update reveals that she has been attending job interviews.
Social networking information inputted by warring parents can also affect the outcome of disputes involving children. If one parent alleges that the other has a drinking problem and the accused parent denies this claiming that he or she has been sober for a period of time. A recent dated picture on Facebook showing the accused parent simply holding an alcoholic drink for a friend on a night out may provide another hurdle for the accused parent to jump.
Social networking sites can provide a great source of support for those who are struggling with the emotional challenges brought about by a relationship breakdown by uniting them with their friends and allowing them to work though their feelings. On the flip side, they can however turn wounded couples into enraged ones with their friends acting as an embarrassed audience. Social network users are advised to carefully consider the contents of their profile pages and security settings to mitigate any unnecessary distress and hostility.
To speak to a solicitor contact us on 01625 528816 or mail@greenelaw.co.uk
