Hayley highlights to Stray FM some potential changes in divorce law
Transcript:
Presenter:
So this evening on the family show, I’m slightly concerned because if my wife comes into work and checks my browsing history, she’ll panic and see the word divorce. But I just thought I’d try and do a little bit of research ahead of chatting to Hayley from Newtons Solicitors. Good evening, Hayley.
Hayley Edwards:
Hello Pete.
Presenter:
Divorce.
Hayley Edwards:
Yes.
Presenter:
Things potentially changed with the ruling. So, first of all, let’s start from the very beginning. If a couple wants to start divorce proceedings for whatever reason, what do they have to do at the current moment?
Hayley Edwards:
They have to provide evidence through the parties’ conduct, or they have to wait a minimum of two years before they can commence proceedings.
Presenter:
Why is it so long? Why do they have to wait?
Hayley Edwards:
Well, they can start immediately; there are only two facts that they can use, one of which is adultery, and the other one is unreasonable behaviour. So, the remaining facts of divorce are two years of separation with consent and five years of separation without consent. There’s also a two-year desertion fact. So, it’s either going to be you’re blaming the other party immediately, in which case you can start proceedings, or waiting that minimum period of two years to proceed.
Presenter:
So, when it comes to unreasonable behaviour, is that down to a judge to decide what qualifies as unreasonable behaviour and what doesn’t?
Hayley Edwards:
It’s a subjective test, but yes, a judge has got to be satisfied that this particular person has behaved unreasonably. If that judge is not convinced, then the petition will be rejected.
Presenter:
So, with regard to these potential changes, where has all of this stemmed from and what potentially will happen?
Hayley Edwards:
There’s been talk for many, many years of changing what effectively is a very archaic system as its fault base, so there’s been talk for many years of making it non-fault and parties being able to separate if they want to.
But there were certainly some recent cases that have come up, one of which was Owens and Owens, where there was a lady who had been married for 39 years to her mushroom husband farmer, who was fairly wealthy. She wanted to commence proceedings.
She apparently made allegations – 27 separate allegations – against her divorce petition, and she said initially that she didn’t believe these were sufficient grounds for divorce. She characterised the issues in their marriage as minor altercations typical of many marriages. She appealed, and the Court of Appeal upheld the decision, leaving her unable to proceed with the divorce until the five years had elapsed in sedate of separation because her husband wouldn’t agree to that divorce taking place.
Presenter:
There are various poor funghi jokes to be made.
Hayley Edwards:
I’m sure there is.
Presenter:
So, could you not argue that if these changes are passed, it will make it easy for people to say, ‘Actually, marriage just isn’t for me.’ and start again?
Hayley Edwards:
I think there’s going to be a process to go through and probably a period of reflection. There’s no clear idea yet as to what’s being proposed. Divorce isn’t going to happen overnight. And people will be given a period of time to decide what to do. So, although it won’t be thought-based, there will still be quite a period of time. At the moment, you can say divorce takes five, six, seven months to go through, and I don’t think it’s going to be any different in terms of timescale; it’ll just be easier for the parties.
Presenter:
So, in an instance that perhaps somebody listening this evening, you know the relationship not going well, something has happened in that marriage and it is sadly falling apart, how can you guys help that person in question? What’s the first step that they need to do in regard to coming to Newtons?
Hayley Edwards:
At present, because of the system that we have, if the parties are still amicable, it is better to discuss what’s to go into that petition, and that is generally what people do. We prepare petitions, and we send them to the other party in a draft format for them to have a look at so nothing comes as a surprise. Agreements can be made about what goes into that document and what’s taken out, so when it is issued in Court, both parties are on board, and it goes through quite smoothly.
Presenter:
And how can people get in touch?
Hayley Edwards:
Email me or call me at 01423789050, and we’ll take it from there.
Presenter:
And what’s your email?
Hayley Edwards:
It’s Hayley.edwards@newtons.co.uk