Isn’t it about time the divorce laws of England and Wales came into line with Australia, Sweden and Japan, to allow for no fault divorce?
The recent widely publicised family law case of Owens v Owens illustrates why this change is so needed. Mrs Owens sought a divorce on the ground of her husband’s unreasonable behaviour. Theirs was an extremely long marriage of some 39 years. Mrs Owens was ‘desperately unhappy’ and made a number of allegations against her husband.
As divorce solicitors, we receive many enquiries from individuals wanting to bring a divorce on the grounds of adultery. A relatively small number however, are granted for this reason. So, is using adultery as a reason for divorce the best solution and will it materially affect any financial settlement?
I was tempted to entitle this blog Sparkling Cyanide, sadly not a reference to a work by Agatha Christie but in fact a recent case in the family courts which illustrates how the courts become involved when parental ‘responsibility’ isn’t being exercised.
As a divorce and family lawyer whenever a new client approaches me for advice on reaching a financial settlement with their ex I find myself reminding them what a valuable asset a pension is. A pension is often the second most valuable asset anyone will ever hold (next to their house) and the older you are, the longer you’ve been paying into a pension, the greater the value.
If you have decided your marriage is over you will most probably want to make the whole process of divorce as painless as possible.