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Petition for equality in divorce!

  • nstasya
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01 Apr 10 #195646 by nstasya
Topic started by nstasya
As a partner of someone who had undergone divorce, I did some research over the Easter holidays and was appalled that the process seems to have blatant biases written into it. I have written a Petition asking for change at the No. 10 website and ask for your kind consideration.

N.B. The deadline is 31 March 2011 i.e. next year ;)

I wrote a mailing pertaining to this petition and would like to share it with you all:

In today’s modern society, the need for equality has never been as important as before. However in the case of divorce, there has been blatant negligence in keeping up to date with the times. Better suited to a society where men are the breadwinners and women the homemakers, current arrangements:

• Nullify the safety of pre-nuptial agreements, making it easier to marry for money rather than for love

• Favour the party with no/low income, ignoring the fact that assets will most likely be shared 50:50 between both parties. This basically means that although both parties will in the end be most likely to be on equal financial footing (ignoring other factors), one of them will receive an unfair advantage in the divorce process. This is because as legal costs for those with Legal Aid are fixed at an unnaturally low rate, lawyers charge private clients (such as the breadwinner) often twice as much. Thus financial burden adds to the emotional burden of divorce.

• Add insult to injury. In ordinary legal cases the loser has to pay the legal costs of the other party. Therefore if the wife was the winning party, in the event that the wife gets a costs order against the losing party, the husband would have to pay the wife’s legal costs as well.

• Place little emphasis on the relationship between father and children in the case there are young children (who would often immediately live with the mother). In many cases, children are used as a bargaining counter as access to them is restricted. In some cases, mothers prevent fathers from access to their children altogether (www.wheresmydad.org.uk/).


These inequalities are a cause of concern for ALL those who might consider marriage in the future, those who are married as well as those concerned about equality and justice in our society.

By writing to the government, we can encourage change. Sign the petition for divorce equality at the No. 10 website here:

petitions.number10.gov.uk/divorceequality/

For your consideration, a copy of the official petition is enclosed below.

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We the undersigned petition the Prime Minister to ensure greater equality in the event of divorce.

We would like the Government to:

Give legal standing to pre-nuptial agreements

• Ensure greater equality in divorce terms, using not only income as evidence of financial standing
• Ensure fairer terms with regard to Legal Aid – severe financial hardship for the breadwinner can result from being unable to work due to stress of the divorce

• Ensure fair prices for private clients relative to prices for those receiving legal aid and limit legal aid within reasonable boundaries

• Emphasise upon equal care of the child/ren of both parties in the spirit of I.2.1and I.2.2 of the Children’s Act 1989 - care being defined as the opportunity to look after and engage in recreational activities with the child - to allow the child to bond with both parents as well as vice versa

• Divorce may be an unpleasant process however equality may reduce unnecessary post-divorce pain.



Please forward this to British residents whom you think may be interested in signing this Petition. We need just 500 signatures (before 31/03/2011) in order for the petition to be considered by officials who work for the Prime Minister at Downing Street.

Thank you for your time and kind consideration.


Thank you.

Wishing you the best, irrespective of whether you are in the process of being divorced, have been divorced or are the partner of a divorced person,

Stasya

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03 Apr 10 #196001 by Elle
Reply from Elle
Stasya,

As you have specifically sought I respond, my views are

The system did not fail me it was the legal practitioners whom are far too protected and sensitive to criticism that are failing the people and the system.

My unusual role reversal situation is misunderstood, slated, negated and unsupported. As such I chose my battles as my needs and energy allows.

E

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03 Apr 10 #196022 by nstasya
Reply from nstasya
Sorry if I misunderstood your views. Out of interest, what specifically was it about the legal practioners that bothered you?

Thanks

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03 Apr 10 #196026 by Elle
Reply from Elle
nstasya wrote:

Sorry if I misunderstood your views. Out of interest, what specifically was it about the legal practioners that bothered you?

Thanks


Sorry stasya, I don't think you misunderstood me at all :)I think your Petition is a great idea and hopefully you will receive support and attention with your cause.

What specifically re legal practitioners....how long do you have ;)

That the president of our law society can be found culpable of non disclosure of relevant material fact as held in a Court judgement and Appeal....both available on the courts websites for the public to read....said scumbag sol causes years of unnecessary extra litigation and the clients pick up the costs.....as that is how our system works......well thats a bummer for starters....then there are the incompetent sols, the ill prepared sols, the cant count sols, the grammatically deficient sols, the dozy (that is sleepy not thick) judges, the liars at the law society that cover up for their own....shall I go on :blink:

E

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05 Apr 10 #196220 by nstasya
Reply from nstasya
Guess an overhaul of the entire legal system would be alot of ask for in a Petition :P

  • NellNoRegrets
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05 Apr 10 #196221 by NellNoRegrets
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Expecting the law to be changed to make life fairer is a big ask, methinks!

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05 Apr 10 #196224 by nstasya
Reply from nstasya
Well, no harm in trying to change specific parts of the law which seem biased especially when society places so much importance on equality and being PC these days...?

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