July 9, 2012
-- Telford, Shropshire, UK: A leading solicitor at the Shropshire law firm Martin Kaye LLP has given her support to a call to stop couples being allowed to divorce over trivial matters. There is only one ground for divorce, which is the “irretrievable breakdown of the marriage”, which must be evidenced by one of five facts: unreasonable behaviour, two years separation with the consent of the other party, five years separation without the consent of the other party, desertion or adultery. Nadia Davis, who is Head of the Family Law Team at the Telford based legal company, said that most divorces relied on either unreasonable behaviour or adultery as the basis for the case, and it is what people consider to be unreasonable behaviour that is the focus of this call.
“What many people consider to be normal squabbling between a couple is often elevated to seem more serious, and everyday family difficulties can be exaggerated in a bid to prove either the husband or wife is guilty of unreasonable behaviour,” said Nadia. “If there is anything which is going to set a difficult tone right from the very start, it’s having to make allegations about how the other person has behaved. And in fact, in the cold light of day, most people agree that it takes two for a relationship to go wrong. They also see that it’s better in the long-run to focus their energies on the more important issues, such as the children and the finances.”
Nadia’s call comes on the back of a case where a woman whose husband of 20 years divorced her for unreasonable behaviour. “The woman appealed against the ruling and said her husband should never have been granted a divorce just because she threw out his packed lunches and took a fuse out of the washing machine. She said it was just normal squabbling between a husband and wife and not proper grounds for a separation, but the court rejected her appeal. This is unfortunately typical of the kind of evidence that is used to build up a case for unreasonable behaviour so that a divorce can be effectively rubber-stamped. It would be far better for couples to concentrate on resolving their differences in a more positive and constructive way, rather than creating an uncomfortable and confrontational setting from the outset”.
Martin Kaye’s family lawyers always discuss as the first meeting whether it is possible to save the relationship, and offer further advice about counselling and therapeutic agencies to try to help get the relationship back on track. They also look at all the options with you, not just divorce, to make sure you pursue the right course.
To read more about Martin Kaye’s divorce solicitors, visit http://www.martinkaye.co.uk/services/family/divorce-solic...