In vivid, gut-wrenching drama, the scriptwriters have brought us to the topical issue of no-fault divorce. Shula initiated the process because she simply didn’t love him anymore. Alistair was completely oblivious to that fact and said she was unreasonable in thinking so. Cue raking over 20 years of potential unreasonable behaviour – coinciding with the announcement by the Justice Secretary, David Gauke, on 15 September this year, of the Government’s consultation and plan to ‘end the blame game’.
In the year to 2017, there were 110,000 divorces. 3 out of 5 of them cited ‘conduct’ as the reason for the breakdown of their marriage; that is, on the current law, an accusation of adultery or unreasonable behaviour on the part of their spouse. In research by YouGov in 2015, 27% of those initiating the divorce said that they had made up the allegations. This manipulation of the truth for the sake of a legal construct does nothing to preserve the remnant of a relationship, particularly if there are children involved. Not knowing just how unreasonable ‘unreasonable behaviour’ must be, encourages petitioners to throw at it the kitchen sink! This now particularly resonates following the unhappy experience of Tini Mills in the Supreme Court this year who was unable to get her divorce from husband Hugh for want of strong enough reasons.
The Government admits that conduct arguments do not serve the public interest and can be damaging for children; parties ought to be looking forward and not backwards. The proposal is to change the law and remove the fault-based reasons for divorce and replace it with a simple (potentially joint) application process. They will retain the same ground as is currently – that the marriage has broken down irretrievably.
There is also a proposal to remove the possibility of defending/opposing the divorce. Many respondents choose to defend because they object to the reasons given for the marriage breakdown, but still acknowledge that there had been a breakdown. If one party believes the marriage is over, it generally is. In reality, only 2% of respondents last year actively pursued a defence; presumably, legal advice about the cost and prospect of success dissuaded the others.
Alistair and Shula have now come to their senses and agreed on a way forward. It has taken a long time, involved much middle-class harrumphing and soul-searching, but now Alistair will be the Petitioner and Shula will take it on the chin. If the Government implement the proposals for reform, they will be able to petition jointly without raising behaviour (even if it really is Alistair’s fault – his gambling and debt was the final straw!).
For more information on divorce matters, please contact Elizabeth Wyatt.
A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
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