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   Web Issue 3146 May 13 2008   
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Divorce: proof it doesn’t always mean disaster
MARISA DUFFYMarch 22 2008

The grotesque spectacle that was the end of the McCartney marriage has demonstrated just how bitter divorce proceedings can become. There's no doubt it is one of life's most devastating events, rated alongside bereavement and bankruptcy in terms of stress - but is there such a thing as a good divorce?

Denise Knowles, a counsellor with the advice organisation Relate, believes so. "There is the possibility for people to have a good' divorce if they are able to understand the reasons why their marriage has come to an end," she explains. "What has to be understood, though, is that to get to divorce, couples will have gone through a pretty ropey time."

For many parting couples, the existence of children is one of the prime motivators to keep things amicable - yet, conversely, it is the very issue of provision for children that can cause proceedings to sour. "Where there are children involved, people do try to fight to get the best for them," says Knowles. "When we are looking at the payouts of many of these celebrity or high-flying couples, what they tend to be arguing about is maintenance."

The route by which a couple arrive at the decision to split also has an effect on the tone of their divorce. When there are issues of infidelity or cruelty, for example, staying cool and detached can seem impossible. "One of the things not to do is point the finger of blame at each other all the time and not take responsibility for what's going on," says Knowles.

Finding yourself pitched against the one-time love of your life can be an isolating experience, and leads many to question their own judgment. "A lot of people are not prepared for how greedy or avaricious a partner can become, or how unfair a partner can appear to be," says Knowles. "They find out there's a bit of a mean streak and that's when things can start to fall apart."

Divorces that are acrimonious are almost always the result of one person taking a stance that is extreme or unfair

Another powder-keg scenario is where only one partner is pushing for the split. "If you've got one person who wants to be out and the other who doesn't, it'll be a time when people are very hurt and very angry. Understanding that these are natural emotions that you are going to experience is important. It's not going to be pleasant, but you can make it as painless as possible."

Having support in place, whether in the form of a professional counsellor or a few close friends and family, is essential. Many people now find comfort on internet forums and advice websites, where they can speak directly to individuals in a similar position. In Scotland, couples have several options for pursuing their break-up, ranging from mediation to litigation. Negotiation is still the most common form of resolving a separation. Here, couples hire lawyers to help sort things out and need not come face-to-face with their former partner.

Alasdair Loudon, head of family law at Turcan Connell in Edinburgh, believes mutual respect is the key to a satisfactory outcome. "It is definitely possible to have a good divorce, but it depends on both parties recognising the importance of being prepared to compromise and see the other person's point of view. Divorces that are acrimonious are almost always the result of one person taking a stance that is extreme or particularly unfair." Loudon also advises clients to be mindful of future family occasions when deciding on a settlement. "As they move forward, they are going to have to go to their children's 21st birthdays, graduations, weddings and so on, and it is so much better from the point of view of the children - and indeed for their own happiness - to come to a mutually acceptable settlement rather than holding out for the maximum they can get.

"It's very much cheaper, in terms of legal expenses, if you can come to an amicable solution. If it gets very long and protracted, that's going to be tens of thousands of pounds which is not going to find its way to the children at the end of the day."

Scotland does not have a tradition of pre-nuptial agreements, he adds. "Pre-nups are most common where one of the couple has established wealth before the marriage and wants to protect that. In Scotland, because the law to a large extent excludes pre-marital capital from division, the law is almost taking on the role of what pre-nups do anyway." But he adds: "There are certain circumstances where it would be unfair for the couple to go into the marriage without there being a pre-nup, for example where there is a huge difference in personal wealth."

Although pre-nups haven't really been tested in Scotland, the prevailing view is that they are binding and will be recognised by the courts, compared to England where they are merely persuasive. "As people read about cases much further afield than Scotland in which pre-nups are a factor, then inevitably those who have got wealth want to consider them before they enter a second marriage," says Loudon.

Not everybody believes they are the way forward. "I'm not sure that thinking about divorce before you get married is necessarily a good ground for getting married," says Knowles. "I would suggest a couple discuss what marriage means to them and what their expectations of marriage are, and understand that, if things do go wrong, they will endeavour to make it as equitable as possible. When it comes to Joe Public, I think pre-nups can distract from the real reasons for getting married. If you are thinking about this, what is it saying about your ability to trust this partner?"


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Posted by: Carnwarth, Carnwarth on 9:21am Sat 22 Mar 08
"There is the possibility for people to have a good' divorce if they are able to understand .." - let's just stop there, "able to understand" is not something one would immediately associate with Ms Mills.
Posted by: heavy, Glasgow on 5:32am Mon 24 Mar 08
It is a rarity in a British court for a judge to speak highly of the father.Paul did not deserve a b1tch like gold digger Mills, however if Paul had not been a famous singer or a Knight of the realm he would have like most fathers been persecuted in these utter dens of inquity. Mills actually was right about the whole charade surrounding Britain's divorce /family courts but for the wrong reasons.

She was expecting as most gold diggers have done, throughout the time the sordid family court system has been operating, expect to walk away with millions more than she did.It is so easy, as generally judges and lawyers LOVE gold diggers and the lies they tell that ensures divorce actions stretch out for years funded by legal aid. Paul has been in a very fortunate position and a rarity ANY judge did not home in on the lies about her facing abuse.

This is an age old scam that lawyers use to get the upper hand in divorce.She played the same lying game but on this occasion ,and due to the position of her ex husband,she failed. We need complete reform of family/civil courts with the powers taken away from hand picked lackeys of the state and when necessary, any litigant can INSIST on a jury NOT a judge deciding on the separation of wealth. The legal parasites are doing more harm to marriage than any other single factor in the history of court actions. Scandalous that so few have so much power over so many and all because two people fall out of love.
THE BIGGEST RACKET IN BRITISH HISTORY ABOVE ALL ELSE.

Join the growing resistance movement against corruption and
tyranny.

LJPR LEGAL JUDICIAL POLITICAL REFORMERS

Masonic judges OUT Juries IN
Posted by: Sam, Glasgow on 8:03am Mon 24 Mar 08
Sadly if you wish to experience institutionalised sexual discrimination at its worst in the 21st century be a father in a divorce court.
Posted by: allymax, uk on 2:37pm Mon 24 Mar 08
Dear Marisa Duffy, (article author), what made you think of a title like this, 'Divorce: proof it doesn’t always mean disaster' ? Was it the fact that the real aspects of iniquity are coming out and into the fore? Are as public citizens in Scotland now seeing that the 'establishment' (the engerlish crown institutions) have a preserved interest in this iniquity? I would like to know where the establishment believe they have the power, or right to determine a commitment to God lies within their jurisdiction. After all, being married in a church is a pure and legal matter, but more-so a commitment to God. But getting divorced seems to be a feudal power. So, in your next article, can you please look at the relationship that power extreme manipulated by the establishment, and power divine ordained by God means to the function and purpose of actually being, getting married!
Thanks, allymax.
Posted by: heavy, Glasgow on 3:49pm Mon 24 Mar 08
allymax wrote:
Dear Marisa Duffy, (article author), what made you think of a title like this, 'Divorce: proof it doesn’t always mean disaster' ? Was it the fact that the real aspects of iniquity are coming out and into the fore? Are as public citizens in Scotland now seeing that the 'establishment' (the engerlish crown institutions) have a preserved interest in this iniquity? I would like to know where the establishment believe they have the power, or right to determine a commitment to God lies within their jurisdiction. After all, being married in a church is a pure and legal matter, but more-so a commitment to God. But getting divorced seems to be a feudal power. So, in your next article, can you please look at the relationship that power extreme manipulated by the establishment, and power divine ordained by God means to the function and purpose of actually being, getting married! Thanks, allymax.
#Allymax
You are SPOT on as to how the legal ESTABLISHMENT acting for the non domiciled crown has stealthily become judge and jury over divorce.They have used the most draconian measures to undermine due process to the point were THEY effectively steal Scottish families assets without jurisdiction,especia
lly our homes.
Medieval star chambers were done away with but have resurfaced in Scottish family courts.

No Scottish court acts with the correct jurisdiction as they ALL play a game that has NOTHING to do with justice and EVERYTHING to do with lining the pockets of the legal dynasties getting away with MURDER.We suggest that every victim of this game challenge the legality of jurisdiction of Scottish courts as they are NOT acting on behalf of the people of this country.

LJPR LEGAL JUDICIAL POLITICAL REFORMERS

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