InsightsInsight - Family and Divorce - POSTED: November 26 2018
Good Divorce Week
Our Family Team are supporting this year’s Resolution’s awareness campaign, ‘Good Divorce Week’. The aim of the campaign is to promote the reduction of conflict between separating couples.
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The aim of the campaign is to promote the reduction of conflict between separating couples. The climax of the campaign is a Parliamentary briefing organised by Resolution which is taking place on Wednesday 28 November. The briefing will deal with the proposed reforms on divorce law and how removing a need to establish fault to obtain a divorce may assist separating couples to deal other aspects of their separation, including the arrangements for children.
Currently, there are over 100,000 divorces in England and Wales each year. The other party’s behaviour is the most common fact relied on to support an application for divorce. This involves a spouse wishing to obtain a divorce citing a number of incidents where they say the other party’s behaviour has made it unreasonable for them to continue living with one another. This exercise of trawling through the history of a marriage and picking apart a spouse’s conduct will almost inevitably lead to an increase in the animosity which a separating couple will feel towards one another. This, in turn, will affect their ability to, so far as is ever possible, deal with ancillary matters such as financial settlement and arrangements for children objectively. Resolution members, including the team at Brachers, are therefore supporting a move to reform the law on divorce to remove the need to attribute blame. Other jurisdictions have already taken this step and the impact is stark; in 2015 in England and Wales, 60% of divorces were based on fault (either adultery or behaviour) whereas, in Scotland, where no fault divorce is available, only 6-7% was based on fault.
In order to assist separating couples to deal with matters in a conciliatory manner, the Family Team at Brachers has three collaboratively trained lawyers, one of whom is also a trained mediator. If you are considering a divorce please do contact us to discuss how you might approach matters in such a way as to keep conflict and animosity to a minimum.
This content is correct at time of publication
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