Good Divorce Week

Author: Fiona Wayman
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An organisation in England & Wales called Resolution began running a campaign on 26 November 2018 called Good Divorce Week renewing calls for changes in the law  to help reduce the impact of divorce on children.  The aim is to help parents who are separating to put the needs of their children first and to persuade the government to remove blame from the divorce process.

In England and Wales at the moment unless you have been separated for two years with consent or five years without consent then the only other grounds for divorce are blame-based such as adultery or unreasonable behaviour.60% of divorce cases south of the border  are on these fault –based grounds .

The need to cite someone’s behaviour is a huge cause of conflict. A survey of Resolution members  carried out recently saw 90% saying that the law as it stands makes it very difficult to reduce conflict between ex-partners and 80% stated that  they believed the introduction of no-fault divorce would help couples reach an agreement out of court.

In Scotland the legal position is different with over 90% of all divorces being granted on the grounds of separation rather than blame. In 2006 the separation periods in Scotland were shortened to one year provided both parties consent and two years without consent.

There is little argument against the fact that children may be adversely affected by an acrimonious divorce with mental health issues, poor academic performance and difficulties with social interaction potentially arising.

The Scottish system is not flawless but anything which may reduce conflict and negative impact on children from separation should be welcomed.

About Fiona Wayman

Fiona studied law at Glasgow University and graduated in 1997. She joined Mitchells Roberton in 1998 and served her traineeship here. She quickly became a very good court lawyer and now handles family law cases, divorce and separation. She has a steely determination to get the best for her clients and is a skilled negotiator. She takes the time to listen to clients with a view to seeking pragmatic solutions wherever possible. Email: fhw@mitchells-roberton.co.uk

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