Thursday, 25 January 2018

Don't be deceitful over divorce

Divorcing couples have been warned not to try to massage the truth on court papers to secure a better deal.

Gemma Himsworth, who leads the family law team at Martin-Kaye Solicitors in Telford, said research had shown there was an increase in the number of divorce petitions that were actually stretching the truth.

“Most people would assume that divorce papers would be an accurate reflection of why the marriage broke down and who was to blame.

“But in fact, only three in 10 people who were surveyed said the reason for their fault-based divorce closely matched the reason why they separated.”

Mrs Himsworth said some petitions included false claims and admissions of adultery, and the tweaking of separation dates to reduce the wait times in two and five-year separation cases.

“This is a very dangerous game to play and although it may seem tempting to try to make a divorce case easier and quicker, couples should be very careful if they decide to go down this route.

“A divorce petition is a document that goes before a court, and so it needs to be true and accurate otherwise there can be serious consequences. Taking such a risk can be costly, stressful and lead to the divorce taking longer to resolve, with the even bigger risk that you may have to start all over again or amend the petition if it is found to be incorrect.”

Mrs Himsworth urged divorcing couples to seek proper advice to enable them to navigate the grounds for divorce fairly and effectively.

“The trouble with fault-based divorces is that they don’t reflect the reality of relationship breakdown for most couples, and they also do nothing to help them deal with the aftermath of the break-up.

“The family justice organisation, Resolution, has campaigned for a no-fault divorce system and to ‘make no-fault the default. This could make a stressful situation much more comfortable for both partners, and reduce the chances of any additional conflict moving forwards.

“It’s time for divorcing couples to think very carefully before they are economical with the truth, and to work towards a positive and healthier result.”