The charitable trust, which is dedicated to improving social well-being through education and research, looked in depth into nearly 500 different divorce cases in England and Wales. The research was led by Professor Liz Trinder from Exeter University.
Researchers found that many cases in which divorce was defended was actually caused by the law itself, which requires claimants to choose one of five reasons why the marriage has irretrievably broken down. Unless the couple can agree to divorce after living apart for two years or one person can prove that they have been separated for five years, one party must ‘accuse’ the other of one of the following reasons:
- Unreasonable behaviour
- Desertion
- Adultery.
The Nuffield Foundation found that in cases where the ‘accused’ person rejects the reason for the divorce and contests it, the dispute often focuses solely on who should be blamed. Cases can hinge on which party can successfully convince a court of their claims, not on the truth of what actually happened.
Ultimately, many legal experts agree that marriage breakdown can be difficult and emotionally demanding enough without the legal system triggering an unnecessary dispute between couples. Professor Trinder calls for a change, saying:
“Reforming the divorce law to remove the requirement for ‘fault’ and replacing it with a notification system would be a clearer and more honest approach, that would also be fairer, more child-centred and cost-effective.”
Calling an end to the ‘blame game’
Jo Edwards, the former chair of Resolution, an organisation which campaigns for a non-confrontational approach to the application of family law, commented on the report’s findings. According to the Guardian, she said that the report:
“…brings into sharp focus what most practitioners have long known – that fault-based divorce is futile, pitting couples against each other in a way which is wholly unnecessary.
“It leaves people wanting the opportunity to put their side of the story as to why a marriage has ended, but finding barriers to doing so. Where a defence is filed, the law undoubtedly causes disputes.”
Ms Edwards also explained that there is a growing problem with people feeling that they must contest a divorce when a petition blames them for the breakdown of the relationship. Despite family lawyers often advising against contesting a divorce, which can be expensive and futile in many cases, those blamed in divorce petitions can feel that they will receive a worse outcome (i.e. in terms of a financial settlement) if they don’t defend the divorce.
For reliable, helpful advice you can trust on your divorce case, get in touch with the Wirral divorce solicitors at Tracey Miller Family Law.