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Divorce law - a disaster?

  • spooky
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14 Oct 09 #154492 by spooky
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It would seem (in my humble opinion) that the one who was not "working" during a marriage with children (male or female) and who is left with the majority of responsibility for day to day care of the children will almost always be disadvantaged financially after divorce.

Those couples with no children and equally paid jobs should divide assets equally and go their separate ways. Pre-nups are all very well until children come along.

Interesting prog on Radio 4 today saying that wommen who work the same hours as men in the same job earn 55% less than there male counterparts in the financial sector. The only reason they could come up with is that some of these women had taken a "career break" to have children.

Spousal maintenance appears to be the most contentious aspect of the Ancillary Relief process and it seems that ongoing spousal support seems to create even more problems for a divorced couple.

Not sure how to solve the problem but one rather simple idea is that a compensation payment could be paid to the disadvantaged party!!!

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14 Oct 09 #154496 by D L
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Not trying to put words anywhere, I was summarising your stated position in the hope you would see that it is largely without reason.

The reasons behind the outcomes in the court are not to do entirely with law - largely they are to with societal issues. We still live in a society where the vast majority of marriages are comprised of a H who goes out to work and a W who stays at home and raises the children. That is why we see the outcomes we do.

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14 Oct 09 #154498 by Gargoyle
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And what of the proportion of Mother's who put the child into childcare for the week whilst she works?

If a child spends their time at childcare centres etc whilst both Parents work, who should claim SM? Obviously both were working beforehand and neither were looking after the child whilst they both worked.

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14 Oct 09 #154500 by D L
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Which is still a small proportion, and often, again, even still today, the W is in a lower paid role, hence even working ex W's receive SM.

Gargoyle - the law in this area is designed to serve the majority, as law can only serve a majority. Until society changes, the law cannot.

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14 Oct 09 #154505 by Gargoyle
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Ok.

But, do you think that if the Mother/Wife thought that if she wanted to divorce her Husband and yet knew she would not get automatic residence and/or SM, do you think that she would probably think twice about divorce?

Let's face it, most Men/Fathers dread divorce because they end up losing everything whilst the Mother gets the lot. If this was more on a level playing ground and Women were not automatically given everything, there would be less divorces. I've even seen some poster who wants to claim UB because her Husband snores fgs. It's ok for her as she'll be fine but the poor Husband will never snore again through sleepless nights living in a bedsit whilst she enjoys all the comforts of home and the kids. I'm pretty sure that if she faced losing everything she would put up with a bit of snoring wouldn't you say?

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14 Oct 09 #154522 by Shezi
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Gargoyle wrote:

Let's face it, most Men/Fathers dread divorce because they end up losing everything whilst the Mother gets the lot.


I'd be interested to see the stats that supported that statement ;)

Shezi

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14 Oct 09 #154530 by D L
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Gargoyle, research shows that while in what I can only describe as "traditional" cases women tend to receive more of the matrimonial pot than men, men also recover from divorce quicker than the lower earning wives who are left to the majority of the childcare, and who struggle to rebuild as often they have no career to fall back on - if you read through Fiona's posts she points to plenty of research that backs that up.

While you may have had a poor experience of divorce (which I can only assume based on your stance and behaviour on these boards), you have to recognise that research does not back your stance up.

If you want to join in our calls for change do so - but you will never be taken seriously if you continue to display the bitterness and subjectivity you are doing. With respect, you need to consider how you are making yourself look with the stuff you post - no one is listening to you right now, and you are just seen really as a bit of a pain.

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