Resolution, the organisation which represents Family Law professionals in England and Wales, is running a campaign called Good Divorce Week this week, renewing calls for the law to be changed to reduce the fallout from divorce on children.
We’ve talked about this issue before, and you can read our article here.
Good Divorce Week aims to help separating parents to put their children’s needs first, as well as calling on the government to urgently remove blame from the divorce process.
At the moment the law in England and Wales says that unless you have been separated for two years with consent, or five years without, you have to divorce on the grounds of adultery or behaviour. 60% of divorces south of the border are on these fault-based grounds.
By contrast, in Scotland over 90% of divorces are on the ground of separation rather than fault. The reason is simple – the separation periods in Scotland were shortened in 2006 – here you have to have lived apart for only one year provided you both consent to divorce, and two years if one of you doesn’t consent.
The need to cite someone’s behaviour and attribute blame is, understandably, a huge cause of conflict and acrimony. Resolution members were surveyed recently and 90% said that the current law makes it harder to reduce conflict between ex-partners. 67% said it makes it harder for separated parents to reach agreements and 80% believe that the introduction of no-fault divorce would help separating couples reach an agreement out of court.
In another new poll, 79% of the people surveyed agreed conflict from divorce or separation can affect negatively children’s mental health, a figure rising to 87% among those who experienced their parents’ divorce as children. 77% said conflict could affect children’s academic performance and a further two-thirds felt social interactions and the ability to form healthy romantic relationships were also jeopardised.
The Scottish system isn’t perfect but anything which can help to reduce conflict and negative impact on children from separation is to be welcomed. As we’ve said before, we wholeheartedly support Resolution’s campaign for a better way to divorce.
