Posts Tagged ‘no fault divorce’

Forget adultery its slurping the soup that makes us divorce.

A woman went to court this week to argue that squabbling with her husband was sufficient to show irretrievable breakdown of her marriage. 
Her application was rejected.  This comes at the same time as an article in the Telegraph quoting Mr Justice Wall saying that there should be no fault divorces. If that was the case, then this applicant would not have to have said anything bar that she wanted a divorce. By rejecting her application, the court is saying crank up the allegations, say something really diminishing and nasty about your husband and
we will give you a divorce.  Please see my earlier blog for my opinion on that. I don’t think any marriage survives without squabbling and extreme irritation at a partner’s habits and way of doing things.  The whole country would end up in the divorce
courts if people abandoned their relationships for these sorts of reasons.  People generally end marriages after years of not having their needs met or years of not being heard or of being treated badly.  People don’t leave marriages because their partner leaves the top off the toothpaste or doesn’t clean the bath out.  Divorce is a much more serious issue and is mainly a function of real unhappiness not the everyday annoyance
of cohabitation.  You can read the article here: http://tgr.ph/Hgtgqb

No Fault Divorce.

An article in the Guardian today quotes Mr Justice Wall saying that the time had come for no fault divorces.  I entirely agree.  That is not to say that he or I or anyone who supports that argument are saying that divorce is an easy option or that marriage is not a good thing.  The reason is, that starting a divorce with blame and an adversarial approach means that it is really hard to acheive an amicable divorce.  It is unusual for both people to want a divorce and to be on the receiving end of a partner wanting to leave plus the shame and embarrassment of them quoting all sorts of nasty things in the divorce petition in order to secure a divorce doesn’t help an otherwise painful situation.  What is the point of saying, yes you can break up your relationship but before you do, you must think of some horrible habits and behaviour of your ex in order to get your divorce.  Mr Justice Wall is right when he says divorce is administrative and should not be judicial.  By all means use the Court if things aren’t agreed as a a last resort, but blame the other person for something which at the end of the day has been a two way dynamic? No.  It starts the whole process of on entirely the wrong foot. You can read the Guardian article here: http://bit.ly/HdYSN4