Good Divorce

It may sound strange to talk about a “good divorce” but with help from Resolution, many family lawyers have changed the culture and conversation around divorce to a more conciliatory and child focused approach.

In the past few years, there have been some very big cases in divorce.

Two of the cases were:

1. Owen v Owen, where the Supreme Court found Mrs Owen was not entitled to a divorce as she had not provided whole evidence that her husband had behaved in such a way, that it was unreasonable for her to be expected to remain married to him.
2. VW and BH, a recent case where the judge criticised the husband who cheated on his wife for contesting a divorce in an ‘awful case’. It appears the husband was somewhat dishonest and used the proceedings as a way to torment the wife.

Under the English law, if one party (the Petitioner) wishes to divorce within 5 years of separation and the other party does not consent to the divorce, the Petitioner needs to lay blame for the marriage break down at the feet of the other spouse.  The Petitioner must the provide evidence to support their case.  This adversarial method of divorce can be harmful to both parties and any children involved as it prolongs the pain of separation and creates a toxic atmosphere.

Resolution, with the backing of many family lawyers have called for ‘no fault divorce’. No fault divorce can be as simple as one party giving notice that they believe the marriage has broken down. If they still feel this way after a short period of time, the divorce can be finalised.  This method takes the acrimony out of divorce and enables both parties to focus on what is important; moving on with their lives and being parenting partners to the children.

We have linked below Resolution’s video to a good divorce. If you are considering divorce or have recently been divorced, this video may give you some helpful tips:

At AGR Law, we believe in taking a non-confrontational approach to divorce and matters relating to children. We assist our clients in meeting their objectives in the most pain-free and stress-free way possible.  Contact us to book a consultation on 0116 340 0094