Marriage: the "gold standard"?

Updated January 2012

The number of divorces in England and Wales has risen by almost 5% according to figures recently released by the Office of National Statistics.

The number of civil partnerships being dissolved has also increased, although the number being formed has also risen, in contrast to the number of marriages, which has dipped to 230,000 in 2010 (some 120,000 less than 20 years ago). Last year also saw an increase in the number of divorces amongst the over 60s.

Perhaps then, it comes as no surprise that, at what is traditionally the busiest time of year for divorce enquiries, one senior High Court judge is calling for a re-think on the nation's attitude to the institution of marriage.

Under the slogan "mend it, don't end it", Sir Paul Coleridge began the New Year with calls for Brits to re-think their attitude of "recycling" relationships. He announced that, with the support of several senior figures in the world of family law, he is launching a new "Marriage Foundation" aimed at promoting marriage as the "gold standard", especially where there are children are involved.

The recession is, perhaps predictably, associated with the increase in divorce, albeit perhaps with a delayed impact. With the inevitable financial strain, changes in employment and impact on lifestyle, social researchers are unsurprised that divorce is on the up. However, research suggests that couples are delaying reaching financial settlement in the hope that economic recovery will lift the value of their assets.

Currently in its initial stages, it will be interesting to see how the Marriage Foundation develops and exactly how it plans to rescue the institution of marriage and put a halt on the increase in divorce.

Although Coleridge thinks it is time for the legal profession to "put something back in" to prevent marital breakdown, in reality, relationships are not destroyed by the solicitors or courts. The world of family relationships is a constantly changing landscape. Whilst for many, the promotion of marriage, as the most stable environment within which to bring up children, is to be encouraged; the decision to stay married must be for the right reasons.

Whilst Coleridge is concerned at the number of children who are exposed to marital breakdown, in reality, many argue that the nuclear family is now a thing of the past, and what serves the best interests of an individual family is a matter of subjectivity. Indeed, plenty of children are able to thrive within less traditional family structures and many of those in the court system come from parents who have never been married and sometimes never even cohabited.

For the vast majority of our clients, divorce is not something that is entered into lightly; rather it is a decision arrived at after many months of agonising. Whilst we encourage couples to consider mediation and reconciliation, the reality is that no couple should be forced to stay together for the wrong reasons. From the outset, we always encourage the client to think in terms of what is in the best interests of the children. The welfare of any child is a key consideration of the court, and parents are encouraged to set their own disputes to one side to ensure that the interests of the child are always at the forefront of their minds. In practical terms this may often require expert input in the form of Parenting after Parting classes or assistance from family therapists and coaches.

There are various ways of protecting a child as far as possible upon breakdown of a relationship, and perhaps arguably therefore Coleridge's focus should be promoting the interests of the child, rather than seeking to preserve an institution which, whilst still vitally important for many, is just one of the different family structures alive in our society today.

The Family team at TLT are Resolution-accredited lawyers, and commit to resolving disputes in a constructive, non-confrontational manner. For more information on how we can assist upon relationship breakdown and in relation to children issues, please contact any member of the team directly.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at January 2012. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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