Month: October 2012

Survey Highlights That 81% of Divorcees Believe That Children Are The Main Casualties of Marriage Breakdown

Resolution, the family law association, has conducted a survey that has been published as part of its ‘Family Dispute Resolution Week’

81% of respondents believe that children are the main casualties of divorce.

Being committed to removing the conflict from divorce, Resolution also report that 45% of respondents believe that most divorces involve a visit to court.

Jo Edwards from Resolution said:

“These findings highlight how people have good intentions to prioritise the well-being of children and to avoid conflict during separation, but this can often be derailed by a lack of knowledge of non-court based options and an exposure to the adversarial nature of courts. Something is going very wrong, and often the result is emotionally and financially drained parents and deeply distressed children. However, there is another way. We’ve launched this guide because we want separating couples to know about non-confrontational alternatives to court. These methods can help prevent separation and divorce from being needlessly adversarial, and often can benefit the whole family through fairer settlements and by prioritising the interests of children.”

If you would like to speak to our expert resolution trained family law solicitors please call Lund Bennett on 0845 548 1007.

The Law Commission Launches Consultation on Divorce Laws

The Law Commission has launched a consultation on the divorce laws of England and Wales. This comes as criticism mounts based on the notion that presently, this area of the law is too uncertain. Leading the review is
Professor Elizabeth Cooke who has said:

“When two people bring their marriage or civil partnership to an end it is vital that the law is able to help them resolve their financial arrangements as quickly and fairly as possible. The current law creates too much potential for uncertainty and inconsistency.”

The consultation paper is critical of the deficiencies present in the current legal framework:

“There are detailed statutory provisions about the orders that the court can make in these circumstances but the statute does not say what the court is to achieve by making these orders. The judge in the family court has been compared to a bus driver, who has been told how to drive the bus and told that he must drive it, but has not been told where to go, nor why he is to go there. Couples who do not go to court have to make their own financial arrangements by agreement. In doing so they need to know what their rights and obligations are, and the fact that the law is incomplete and uninformative does not help them.”

We expect results of the consultation to be published by autumn 2013.

If you need to speak to a divorce solicitor then contact Lund Bennett on 0845 548 1007 or email us at

Kavanagh versus Kavanagh

Two solicitors, Anna-Marie Harvey Kavanagh and Giles Kavanagh, have spent most of their £3million fortune in divorcing each other. The result being that they now only have £90,000 between them!

Judge Clive Million commented that the couple had insisted on “wrecking the ship of their marriage, then turning their attention to the lifeboats”. He added “The ship of marriage may founder, but this couple have driven theirs full tilt onto the rocks”

Judge Million said “By 2008 they had spent over £879,000 on legal costs and contested proceedings. Children Act proceedings had cost about £545,000. The financial proceedings cost over £303,000 and Family Law Act applications cost another £32,000”

If you are facing divorce, we can help. Please call Lund Bennett on 0845 548 1007.