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Research on the current grounds for Divorce

  • rubytuesday
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4 years 6 months ago #474691 by rubytuesday
Research on the current grounds for Divorce was created by rubytuesday
Wikivorce is delighted to be working with Professor Liz Trinder from the University of Exeter and OnePlusOne on "Finding Fault" - research on the current grounds for Divorce.

The aim of the research is to explore how the current law on the ground for divorce and civil partnership dissolution operates in practice and to inform debate about whether and how the law might be reformed. A majority of divorce petitions in England and Wales still rely on allegations of fault, mainly behaviour and adultery . Research in the 1990s suggested that the use of fault had the potential to cause or exacerbate hostility between the parties, whilst not saving marriages. Meanwhile, to save judicial time, the 98% of petitions that are undefended are now scrutinised by legal advisers rather than judges.

Exeter University and OPO are launching a new research study exploring what it is like to go through the divorce process, and to see whether or not the current law (ie having to use Unreasonable Behaviour because parties haven''t been separated for 2 years or more, or where one party won''t consent to a divorce on the grounds of 2 years separation) makes the divorce/dissolution journey more difficult for those involved.

This is a chance to talk about your experiences and to help influence if and how the current divorce law may be changed. They will be speaking to people in England or Wales who are at the beginning of a divorce process, either planning to file a divorce petition or have recently received a divorce petition .

Callers to the Wikivorce helpline are being asked if they would like to participate - and we are also widening that to current forum users who fit the criteria. IF you are interested in finding out more about possibly participating in this important research, then please either send me a private message, email This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it.

This is a chance for you to convey the reality of divorce proceedings and thus an opportunity to shape public debate about possible law reform and improve things for other people going through a divorce.

You can find out more about the research by visiting www.findingfault.org.uk

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  • rubytuesday
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4 years 6 months ago #475861 by rubytuesday
Replied by rubytuesday on topic Re:Research on the current grounds for Divorce
Just bumping this up - if anyone is interested in finding out more, please get in touch :)

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  • NellNoRegrets
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4 years 6 months ago #475868 by NellNoRegrets
Replied by NellNoRegrets on topic Re:Research on the current grounds for Divorce
I''ve always thought that although it takes 2 people to decide to marry, it only takes one to end it and there''s not much the other person can do about it.

Divorce is a legal process but I think most anguish is caused by all the emotions that people don''t know what to do with at a time when they need to be making rational decisions. Throwing blame around or labelling people as "unreasonable" isn''t helpful.

In my case, ex and I are only just getting around to divorce as we can use the grounds that we have been separated for over 5 years.

I am also in agreement with Humphrey Bogart - marriage should be very hard to get into and very easy to get out of.

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  • LittleMrMike
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4 years 6 months ago #475880 by LittleMrMike
Replied by LittleMrMike on topic Re:Research on the current grounds for Divorce
I''m afraid that I still think that the law does not enquire as to the
reasons why people choose to get married in the first place.

If two people of full age and mental competence want to end their marriage, then I''m not sure that society has a right to require them to justify that decision.


I personally would favour reducing the separation by consent to one year, but retaining the principle that you can''t divorce in the first year of marriage.

LMM

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