It’s no secret that divorce is both a complex and emotionally straining process. There is rarely a straightforward case. Divorce becomes particularly problematic when children are involved – almost half of all cases in the UK since 2012. We mentioned in a recent blog post that there is a strong relationship between the rise of technology and divorce. We’re sure this comes as no surprise. However, due to these type of issues and changes, it’s time for modernisation surrounding the whole process.
New laws called for
An article published by The Times recently discussed the problem with an ‘outdated’ divorce system. Judges have commented that family legislation requires a complete overhaul. Laws for the process of a marital dispute are 50 years old, so it’s no surprise that senior figures are demanding a change.
One rule has been proposed which would alleviate the need for blame and ‘fault’. Currently, couples must wait two years if they do not wish to incite blame. Experts claim that this causes the further breakdown of an otherwise ‘civil’ and mutual agreement that the marriage should come to an end. It’s a no-brainer really! Another rule proposed touches on the ‘meal ticket for life’ issue. This is where ‘disproportionate’ awards are given to ex-spouses as a divorce deal.
Introduction of stricter measures
Some more pressing issues are also being discussed in the media. ‘Parental alienation’ is one of these. This, unfortunately, can occur far too often in a divorce situation. What is ‘parental alienation’, you ask? Well, it is simply where one divorcing parent attempts (or succeeds) to turn the child against the other parent. It is a form of emotional manipulation and can be very damaging to both parties – not to mention extremely hurtful to the child.
According to The Guardian, a ‘groundbreaking process’ is being trialled by Cafcass (Children and Family Court Advisory and Support Service). If parents are caught poisoning their child against their spouse, they could be denied contact with the child. To make matters fair, therapy will be offered to a parent first before any stricter action is taken. This is to give the adult a chance to put things right, as official bodies recognise how stressful and difficult a divorce can be. The next step, if things don’t change, would be to introduce a restricted access to the child for a certain time period. The worst-case scenario would be to enforce a total contact ban.
Solving problems one step at a time
Currently, Cafcass work on a case-by-case basis but these new rules and measures could see more systematic approach. Hopefully, this will aim to decrease harm to all children and adults involved – after all, this is the most important aspect. Here at 174 Law we fully support the notion of harm reduction as we see first hand how damaging these disputes can be.
Get in touch
Please don’t be afraid to seek help and ask for advice if you or someone you know is struggling with any of the issues we have touched on. We offer impartial advice and second to none services for family disputes, divorce and child arrangements. Call us on 0151 647 7372 or drop us an email at firstname.lastname@example.org.