Changing Perspectives on Divorce: Amanda Melton Discusses the Social Factors Influencing the Change
Changing Perspectives on Divorce: Amanda Melton Discusses the Social Factors Influencing the Change
Pope Francis recently called for a Catholic Church that was less strict and more compassionate towards those who divorced and remarried, saying “no one can be condemned forever”.
It’s not only Rome that is extending a kindly hand in the matter of divorce: research suggests that England and Wales is one of the most generous jurisdictions for financially dependent spouses, and a new study indicates that some women have been quitting their jobs and cutting down on work thanks to divorce laws designed to give equal rights.
Meanwhile, divorcing couples are adopting novel US-style custody arrangements under which children stay in the family home and parents move in and out on different days to look after them.
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English courts among the most generous on divorce
England and Wales is one of the most generous jurisdictions for financially dependent spouses, despite increased judicial appetite for making ex-spouses provide for themselves, according to a study.
Courts in England and Wales have traditionally had wide discretion to make generous awards to financially dependent former partners – but the study suggests there is now a rising expectation for ex-spouses to quickly become self-sufficient. For the last couple of years, cases have increasingly considered the possibility of transition towards financial independence, even if it involves a degree of hardship for the recipient.
International couples considering divorce are advised to examine legislation governing spousal maintenance in their respective home countries to determine which jurisdiction would be most likely to meet their expectations for support.
England and Wales is the fifth most generous jurisdiction for awarding ongoing maintenance, behind California, Singapore, Ireland – and India, where a court in Delhi recently ruled that calling a husband “fat elephant” could be grounds for divorce. Scotland was eighth.
Women work less after divorce law win
Wealthier and better-educated women have been cutting down on work in response to a judicial ruling that wives should get an equal share of a couple’s assets when they legally split, a new study has found. The study was examining how married women responded to the landmark White vs White divorce case settled by the House of Lords in 2000.
Evidence presented to the Royal Economic Society by economist Daniela Piazzalunga of Turin University suggests that mothers best qualified for careers prefer to spend time with their children if their finances allow it. “English married women have on average been doing 1.5 to 2.5 fewer hours of work a week, which may be because they now have more bargaining power, or because they know they can afford to work less,” said Ms Piazzalunga. She also noted that “This effect only happens among richer, more educated couples who can afford to work less in the first place.”
American-style custody arrangements mean children can stay in the family home
New research suggests that divorcing couples are adopting American-style custody arrangements under which their children remain in the family home and the respective parents move in and out on different days to look after them. The study of 750 divorced couples for Co-operative Legal Services indicates that one in ten couples has such an arrangement – but many more say they wish they had known about it before they set up two new homes.
The set-up minimises disruption for children, who can stay in their own home, and allows them to know in advance which parent will be with them on any given day. It also means that some couples do not necessarily have to sell the family home, as the parent spending the night away may only require a modest property.
Social media’s influence on settlement
Commonly cited reasons for divorce in the UK have historically included adultery, excessive arguing and a feeling of lack of equality. And now, studies suggest that social media is increasingly one of the highest causes of divorce – and can potentially prolong the emotional trauma of separation if misgivings about a relationship are relentlessly publicized on the likes of Facebook and Twitter. Contestants in divorce cases are especially warned about how the advertisement of expensive lifestyle pursuits can impact on settlements.
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If you would like to discuss any aspect of family law, are considering divorce proceedings or a trial separation, or want to draw up a pre or post-nuptial agreement, call us in absolute confidence on 01494 790058 or 01494 790047. Alternatively, email us at familylaw@ibblaw.co.uk.
