No-Fault Divorce - will it solve disharmony?
Will the no-fault divorce really mean more harmonious relationships? Domestic abuse, gaslighting and contact
The upcoming change to the ‘no-fault divorce’ is being heralded as one of the biggest and long-over due changes within Family law.
It is anticipated that the end of the requirement to apportion blame in order to satisfy the Courts that there has been an irretrievable breakdown of the marriage, will make the process less acrimonious and a little lighter for all involved.
But will it really mean the end to less disharmony between the parties,
and will it mean future arrangements for any
child(ren) involved will be resolved more amicably?
According to the Family Courts in 2019-2020, there were 55,253 private law applications made by parents seeking to resolve a dispute with the other parent relating to the care arrangements for their joint child(ren), and of this, at least 40% of those cases involved an element of domestic abuse.
Domestic Abuse
A recent study by SafeLives showed that
- 91% of those surveyed who had suffered domestic abuse had experience some form of psychological violence in their relationship; and
- 85% of survivors of domestic abuse when surveyed reported that the perpetrator of domestic abuse had used the child(ren) to threaten and control them.
The SaveLives study clearly shows that children will continue to be the hidden victims of psychological abuse, with contact often used as a means to continue control.
What is Gaslighting?
This comes at a time when the High Court has published its`milestone judgment in January 2022 where for the first time ever the term ’gaslighting’ has been used by the Court.
Gaslighting refers to the manipulation of someone by making them question their own thoughts/grasp on their recollection and reality by making them doubt their own minds to push a false narrative of events.
It is against this backdrop that, whilst the process of blame will be changed by the upcoming changes to the law, ultimately parents will still find themselves struggling to deal with the reasons behind why the marriage is ending and the difficulties that continues to present in resolving the ongoing issues of finances and arrangements for children.
Charley Kelly, Solicitor, Lawson West, Leicester
"If you need some advice or assistance in figuring out how to move forward in any aspect of the above, please do not hesitate in contact the Family department at Lawson-West Solicitors, we are here to help guide and support you through the toughest of times."
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