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24 March 2017

The recent decision from the Court of appeal, which upheld the original judgement by Judge Tolson QC, has created a huge amount of uncertainty for those seeking a divorce. Judge Tolson's original decision to dismiss Tini Owens’ petition for a divorce effectively said to Mrs Owens' that her husband's alleged behaviour was not so severe that she could not be 'reasonably expected to live with [him]'.

The Court of Appeal judgement contained some of the details of the examples used by Mrs Owens in her divorce petition, as well as her later amended petition. What was surprising about the examples was that they were spread over a wide span of time. In some incidents, the alleged behaviour had occurred years previously. The standard legal approach would be to cite an example from the last 6 months of the couple living together as husband and wife, and then to include a dated specific example that demonstrates the effect of the alleged behaviour on the petitioner. This effectively, and to use the words in the CoA judgment, is a good way of 'beefing up' the petition.

26 January 2017

There is a distinct feeling, shared among many divorce lawyers, lawmakers, religious organisations and indeed general members of the public, that the introduction of "digital divorce" would somehow trivialise the vows and institution of marriage.

It is easy to understand this point of view, to believe that to make divorce cheaper, more accessible and, ultimately, more attainable would only serve to undermine one of society's most traditional and sanctified of contracts. In short, they suggest, it would represent little more than another lurch down the slippery slope to eventual social Armageddon.

13 October 2016

Post Brangelina split, there appears to be a lot of media coverage surrounding the parties decision to divorce.

How different is the process for a celeb than for a ordinary person? It always seems that celebs manage to obtain a “fast-track” divorce often cited as being completed not long after the news of a split.

28 September 2016

Spending too much time online is not necessarily a good thing for any relationship. However, the lure of those glowing screens can provide a distraction for many, providing people with countless ways to avoid having a face-to-face conversation with their spouse.

A big portion of online activity revolves around social media sites – which, despite being invented to bring us closer together, may ironically be a key culprit in driving partners apart. These sites can be damaging, presenting couples with false representations of their friends' perfect relationships, which will inevitably be compared to the flawed reality of their own.

20 September 2016

Over the last two decades or so, the increase in individuals choosing to live together without marrying has been the most dominant feature of family life in England and Wales.

Since the early 1990s, marriage and divorce have both generally been in decline. Just over half of all people in England and Wales over the age of 16 last year were married.

Cohabitation, meanwhile, has become much more common and, according to new figures released by the Office for National Statistics (ONS), now accounts for one-in-eight of all couples (https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/bulletins/populationestimatesbymaritalstatusandlivingarrangements/2002to2015).

Whilst it would be easy to interpret the data as demonstrating the anti-marriage sentiments of the population, I wish to strike a note of caution.

Just as no marriage or divorce is like another, no single narrative explains the state of flux in which British households currently find themselves.

It’s a view which my colleagues and I have formed from our voluminous and varied caseload, and it doesn’t just include instances in which marriages have imploded but also the way in which new and continuing partnerships – married or not – are being framed by those involved.

That reflects not only how attitudes differ from previous generations as to how couples regulate and formalise their relationships but how subtle shifts in the respective preferences of men and women influence patterns in remarriage and cohabitation.

For instance, one of the other recent trends has been the so-called ‘silver split’ – divorce involving middle-aged couples, frequently after their children have grown up and left the family home.

My colleagues and I have noticed something with echoes in the new ONS figures; namely, that men are more likely to remarry after their marriage ends. We have been told on numerous occasions that it’s down to their feeling in need of emotional or practical support provided by a spouse.

Women, on the other hand, seem more emboldened. They have a greater life expectancy than their male counterparts and are more willing to assert their independence instead of spending their remaining years in an unhappy marriage.

They are also more likely to have the means to support themselves, either because of divorce settlements which are based on more generous terms than those of previous generations or due to their professional advancement.

Having been able to stand on their own two feet, they are also more careful about compromising that position by entering a new marriage.

Doing so could result in their assets being claimed by a spouse on divorce and, as a result, jeopardise their future and that of their children. It’s one reason why prenuptial agreements are popular among women who choose to tie the knot for a second or even a third time.

Leaving aside the different factors contributing to this particular gender gap, it’s possible to see why the perceived headlong rush into cohabitation might not actually be the case for all.

Among quite a few age groups - including those aged between 30 to 34 (roughly the average age for marriages in England and Wales) and the middle-aged individuals who are also driving ‘silver divorces’ - marriage is actually on the increase.

Living together without marrying is also less popular year-on-year for those people in a range of age groups who’ve been married before.

That would seem to indicate a residual recognition of marriage’s virtues - if not on the grounds of romance, then certainly of the practical benefits compared to the lack of provision for unmarried couples who subsequently separate.

The dynamic in the British family home has certainly shifted but, in my experience, it’s always worth taking a closer look to see what’s really going on rather than taking simple explanations and statistics at face value.

 

Contact Oratto on 0845 3883765 to speak with a family law adviser or use our contact form to arrange a call-back.

 

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