Lawyers attack misery of 'fault game' divorces
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A series of acrimonious celebrity divorces has prompted calls for an end to the requirement for one spouse to admit fault if couples want to end their marriage of less than two years.
The divorce of the actress Kate Winslet and her husband, Jim Threapleton, last month highlighted the dilemma facing couples who want a quick separation without making allegations against each other in court. Threapleton's "unreasonable behaviour" was cited in court, despite public acknowledgement that the couple had drifted apart.
The Winslet divorce and the bitter split of the pop singer Noel Gallagher from his wife, Meg Mathews, which included an allegation of his adultery, contrasts with celebrity divorces in the United States where couples can be legally separated in days by citing irreconcilable differences.
Yesterday, the head of the Solicitors' Family Law Association, which represents 5,000 family lawyers in England and Wales, said it was time that the Lord Chancellor, Lord Irvine of Lairg, implemented legislation permitting "no-fault" divorces.
Lord Irvine abandoned the plans a year ago on the ground that part of the scheme, which made it compulsory for couples to attend "information meetings" about their divorces, was not working.
The association's chairman, Jane Craig, said: "It really is ridiculous that where neither person has committed adultery, the law forces people into making unpleasant allegations about the behaviour of their spouse in order to obtain a divorce right away.
"This process almost invariably raises the temperature because, even where the couple agree the behaviour allegations between them, one person feels that he or she is having to 'take the blame' for the marriage breakdown in the eyes of the court. The reality is more likely to be that neither the husband nor the wife has behaved perfectly."
Last year, 70 per cent of the 150,000 divorces were granted on the basis of unreasonable behaviour or adultery.
Although the Government has restated that it is committed to the aims of "no-fault" divorce – to allow a marriage that has broken down to be ended with minimum distress and conflict – it has not yet made any proposals to replace the abandoned legislation.
The association said the Government's announcement of extra funding for relationship support services and the promotion of mediation could only be used in a "fault-based legal framework". Ms Craig said: "By the time a decision is made to divorce, the relationship has usually died and both have thought hard about the implications of ending the marriage. But, if they want to end the marriage by agreement, without making any allegations about conduct, the law requires them to wait until they have been separated for two years."
She added: "The uncertainty and delay of such a long wait can be problematic for the couple and their children. They can't finally settle their financial affairs – what to do with the family home or how to share any pension funds and savings. So, many end up playing the 'fault game'." In July, Lord Irvine was warned by his own advisers that the divorce system caused couples "distress and anger" as well as harm to children. A committee of lawyers, judges and marriage experts, which guides Lord Irvine on family law matters, described the switch in government policy as "deeply disappointing" because couples would be forced to continue to find acrimonious grounds if they wanted to obtain a divorce in less than two years.
The chairman of the Advisory Board on Family Law, Sir Thomas Boyd-Carpenter, said that while the no-fault proposals were not perfect, they were "good enough to put into effect and subsequently refine".
The board said: "Given the difficulties inherent in introducing new legislation on a topic of this sensitivity, we firmly believed that this course was preferable to an indefinite continuance of the status quo."
Of grave concern to the board, which includes the family law judge Mr Justice Wall, is the effect the policy has on children whose parents want to divorce quickly.
The board said: "In practice, to have to allege unreasonable behaviour or adultery by the other person, who may not want a divorce, can give rise to unnecessary conflict."
A spokesman for the Lord Chancellor's Department said the "focus of reform should not be about a dogma of fault or no fault". He added: "Legislation is not the only way. There are other ways of bringing about the principles [of the Family Law Act]." He said the law allowed for a "mixed system" of divorce.
Celebrity break-ups
Kate Winslet and Jim Threapleton
Kate Winslet divorced Jim Threapleton, 27, her husband of three years, earlier this month. The 26-year-old star of Titanic was granted a quickie divorce on the grounds of Mr Threapleton's "unreasonable behaviour". The High Court took just 90 seconds to hear the application but details of Mr Threapleton's behaviour were not made public. Ms Winslet, however, has publicly attributed the breakdown to the couple drifting apart, rather than Mr Threapleton's bad behaviour: "We all want to be with a life partner and hope that it's everlasting. Sometimes it doesn't happen," she said.
Frank and Laura Bruno
Former boxing champion Frank Bruno, 39, divorced his wife Laura, 42, last September, ending their 20-year relationship. Ms Bruno, citing his "unreasonable behaviour", was granted the divorce. She said his behaviour made her "anxious", which led to Mr Bruno giving the court a handwritten note saying: "Although I am not defending the divorce, I don't accept that my behaviour has been the cause of the marital breakdown." The couple had lived together for years before their 1990 wedding in Hornchurch, Essex. They have three children, Nicola, 19, Rachel, 15, and Franklin, six.
Tom Cruise and Nicole Kidman
Tom Cruise, 39, filed for divorce from Nicole Kidman, 34, in February after 10 years of marriage, citing "irreconcilable differences".
In August, a Los Angeles judge gave the go-ahead for a quick divorce without any reference to fault.
Despite reports of an increasingly bitter split, Kidman and Cruise saved themselves the embarrassment of a public court battle when they announced they had come to "an amicable, full resolution of all issues in the interest of our children". "We're family," Cruise said later, "We're going to raise these kids together."
Tom Green and Drew Barrymore
In Hollywood's most recent celebrity break-up, MTV comic Tom Green, 30, filed for divorce from actress Drew Barrymore, 26, after only five months of marriage. Green cited "irreconcilable differences" in the two-page document to Los Angeles Superior Court. In a statement he said: "Drew is a wonderful woman. I love her very much. I wish our marriage could have worked out. I wish her much happiness." Green and Barrymore had been dating for almost a year before they married on 7 July this year, after much publicity when Green proposed to the former ET child star live on television.
Grounds for divorce
Adultery
IN 1999, 24 per cent of divorce petitioners cited their partner's adultery. For this ground, sufficient detail must be given to satisfy the court that adultery has happened and the petitioner must also find it intolerable to live with their spouse. The courts no longer require the co-respondent to be named. This ground is only available to the "innocent" party. They must also petition for divorce within six months of becoming aware of their partner's adultery.
Behaviour
The most popular reason (45 per cent in 1999). The petitioner must say their spouse has behaved in such a way that they cannot reasonably be expected to live together. Details must be given although courts discourage a catalogue of grievances. Common incidents include the deterioration of the couple's sexual relationship, lack of respect for the other's views or a feeling of not being valued. Divorce must be sought within six months of the latest complaint.