NEWS game is embedded in the UK’s culture. In many instances, apportioning blame is part of a person’s catharsis when filing. Amanda Phillips-Wylds, Managing Partner at Stowe Family Law, says: “The number of individuals scrambling to enquire about divorce while still in time to cite the fault-based grounds of divorce has been surprising. This perhaps points towards a lack of understanding as to what no-fault divorce means. A recent survey we conducted at Stowe revealed that 43% of Brits erroneously believed that being able to prove the other party was at fault for the marital breakdown would favourably impact their financial settlement and custody over any children.
SURPRISING SURGE IN DIVORCE APPLICATIONS WHILE DRACONIAN LAWS STILL IN PLACE Couples have until this Thursday, 31 March, to file for divorce under the current law, after which applications will be closed until no-fault divorce comes into effect on 6 April. Stowe Family Law – the UK’s largest family law firm – has seen a surge of individuals enquiring about filing for divorce while the UK’s archaic divorce laws are still in place. Currently, upon filing for divorce, one must cite the grounds on which to apply – these are adultery, unreasonable behaviour, living apart for two years (with agreement), living apart for five years (without agreement) and desertion. When going through the divorce
process, this means that blame must be attributed to the other party in order for an application to be granted. On 6 April, this will all change. The UK’s draconian divorce law system will be overturned by one that puts an end to the so-called ‘blame game’. Couples will no longer have to provide a reason for getting divorced. Instead, applications will be automatically granted. The surge in enquiries of people wanting to divorce under the current measures, rather than waiting for no-fault divorce to come into effect, demonstrates how deeply the blame
We are therefore finding that people are enquiring about divorcing while they can still apportion blame to their spouse with the assumption that they will get more out of the divorce. But the reality is that blame in a divorce achieves very little. In actual fact, taking away the blame is what will help people focus on the important issues and has no impact on the financial or child settlements. As lawyers, encourage the nation to embrace these new laws. Not only will they be beneficial from a practical standpoint, making the divorce process swifter and easier, but also from a mental health perspective, as the new laws are designed to help reduce the emotionally traumatic process of going through a divorce.”
WHAT DOES AUTISM ACCEPTANCE MEAN FOR FAMILY LAW? It is vital for the Family Courts and everyone who is involved in the process to adapt and make reasonable adjustments in order to meet the needs of an autistic person. In this peice, Emma Hubbard, Associate Solicitor at Irwin Mitchell, focuses on the needs of autistic children in particular.
“my child is autistic”. I don’t make a secret of it and there is nothing to be secretive about. It’s part of him and is something that should be accepted and celebrated for making him who he is. To accept, we have to accept that autistic people process the world around them in their own way.
Acceptance is key, and it begins in wider society. There needs to be a de-stigmatisation of autism. Autism isn’t “wrong”, nor is it a health condition. Autism is part of a person. I receive looks of horror when I say
Autism is experienced differently by each child. They may be non-verbal, they may have limited communication skills, they may lack eye contact, they might mask worries and anxieties and appear fine on the surface whilst
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Where an autistic child is involved in Family Court proceedings, the court needs to be informed from the outset. Every decision and instruction made needs to consider and allow reasonable adjustments for the child. We know that every child is different and no mould fits all, but with autistic children this is even more profound.
drowning underneath, they might view the world in black and white and have a literal approach to everything. What is certain is that no child is “more autistic” than the other. In a case where the Children and Family Court Advisory and Support Service (CAFCASS), social workers or other experts are instructed to complete a report, we need to think about how we make it work for the child. Does the child struggle interacting with strangers? Will they need several face to face meetings before feeling comfortable enough to interact? Some autistic children might not even communicate at all to begin with. My autistic child wouldn’t engage with a stranger on first meeting, but would happily tell them everything they needed to know about his current topic of interest. You have to allow birminghamlawsociety.co.uk
