INTRODUCTION
The book
This book deals with two broad topics :
the current state of matrimonial law as interpreted by the courts - the legal process
the consequences for the individuals who have been subjected to this law.
The consequences of divorce, for the parties involved, are largely determined by two factors : firstly the children’s upbringing (residence/contact), and secondly the distribution of assets (ancillary/financial relief).
Members of the various fathers’ and men’s organisations in the UK have consistently reported serious malpractices in the determination of these matters. Reports about the biased practices of solicitors, barristers, court welfare officers and judges are made frequently within the groups but are seldom made public. When attempts to make them public are made, they are frequently ignored. They are usually passed off as unimportant and inevitable. If their true seriousness is acknowledged the case is dismissed as atypical and constituting only anecdotal evidence. This book remedies this situation by providing objective and detailed evidence about biases and corruptions that exist.
In particular a review of matrimonial statute shows that judicial corruption of statute has taken place, and that Parliament’s intentions on fundamental issues are currently largely ignored. This book outlines the mis-interpretation of law caused by these practices, the consequences for individuals in their legal cases, and suggests some recommendations for remedy.
This book is a true and complete account of what currently goes on in the divorce courts. If the reader wishes to read a true account of why and how this has come about he is referred to Restoring Legal Marriage [1] and Facing Reality [15].
The presentation of this information is unique in that the evidence presented is largely in the form of detailed case histories written in the first person. These are supported by statistical evidence. Most of this information, i.e. 121 cases, was the product of a questionnaire survey conducted during the summer of 1995 for Families Need Fathers. This was supplemented by 27 more detailed case histories which were sent to us independently of the survey.
The main body of the text extracts from the case histories a number of different issues relating to malpractices. The issue is presented briefly, and illustrated by reference to the case histories and the statistical data. It is structured in two parts : the first (chapters 1 to 4) addressing the processes in matrimonial law, and the second (chapters 5 to 8) the consequences for the individual concerned. The case histories and statistical data are presented as annexes.
Assumed knowledge
An assumption is made that the reader will be familiar with the basic steps in the operation of the matrimonial law legal process, such as obtaining advice and representation from solicitors, obtaining advocacy of a barrister, applications to court, the court welfare officer’s role, the judge’s role, directions and full hearings, court orders, and the significance of perjury and contempt of court, etc. Some knowledge of the relevant sections of statute laws, i.e. the Matrimonial Causes Act 1973 Part I Section 1(3), and Section 25(2), as amended by the Matrimonial and Family Proceedings Act 1984 Part II Section 3 giving a revised Section 25 of the 1973 Act, and the Children Act 1989 Sections 1(3), 8 and 11, would also be useful for a greater understanding, but is not essential, as the appropriate sections are quoted where relevant.
Explanatory note on references
Within the main body of the text references are given to two sources :
- references to the case studies in the annexes, identified by category (see below) e.g. [p4], and serial number e.g. [p4.3]
- references to other literature, identified by number only e.g. [5];
Any reference commencing with an alphabetic character is therefore to a category or to a specific case study in the survey. While extracts are quoted to illustrate topics, the full text is available within the annexes of case studies. The category codes used are :
code |
indicates |
| p | a brief case referring to the processes in matrimonial law |
| c | a brief case referring to the consequences for the individual |
| min | a shorter length case |
| max | a longer length case |
See the introduction to the annexes for further details of these categories and of the case studies themselves.
Anonymity of case studies
All case studies are reported anonymously. The cases were all written by the parties themselves, but where necessary, names have been replaced by initials. This applies even to those cases previously reported in the law reports.
Statistical references
Statistics are derived from Government publications such as Judicial Statistics 1993 [13], and from the FNF survey of Summer 1995.
The FNF survey results will be referred to as ‘survey’ results in the text. The survey results were taken from the 346 male respondents out of approximately 1,500 questionnaires distributed. Only 1 female responded. Where figures are given to illustrate each topic, the percentages given are based on those who gave a response to that topic, as not all respondents gave information on all topics e.g. "xx% said whatever, of these nn% had … whatever else". In some cases the actual figures may be greater, but will not be lesser.