US family law reform to halt "soft" divorce

UK family lawyers may be interested to learn that a professor of social science at the University of Minnesota and a former chief justice at the Georgia Supreme Court are proposing changes to US family law within their report entitled "Second Chances: A Proposal to Reduce Unnecessary Divorce".

William J Doherty and Leah Ward Sears say that although the Second Chances Act has not yet been enacted by any state, momentum is building for its introduction.

Mr Doherty told the Washington Times, "We are suggesting some modest reforms because we believe that there are preventable divorces, and that children are most harmed by those divorces that are preventable."

Ms Sears said that the ultimate goal was not to end divorce, especially in cases of abuse, violence, substance addiction and adultery, but to target couples considering divorce for "soft reasons" such as growing apart and failure to communicate.

The Second Chances Act, outlined in the report published by the Institute for American Values, suggests that states should:

  • Require divorcing couples with children to attend divorce-education classes prior to filing for divorce.

  • Establish procedures for spouses to send "early notification and divorce prevention letters" stating terms under which a divorce could be avoided.

  • Introduce a one-year cooling off period before a divorce can be made final.

  • Create "centres of excellence" in divorce prevention for couples at risk.

However, family law experts have expressed concerns over a mandatory waiting period for couples who feel their relationship is beyond repair.

Missouri family lawyer Matthew Miller said of couples who want a divorce, "If it's the right decision for the party, I don't think the courts would have any interest in limiting the right to seek the relief that they've entered the court to seek. I think they should be free to pursue the relief that they're asking for through the court and not be delayed because of legislative interests."

Call now to find out how we can help
01243 786 668

From the blog

Introducing Law Call Plus

Introducing Law Call Plus, a new scheme from George Ide LLP to make your life just that little easier. It is simple to join, has a wide range of client benefits, and is totally free of charge.

The principle behind the scheme is simple. We want to be more proactive for our clients, raising issues which perhaps should be considered by that client, rather than waiting until we are approached.

The benefits of joining the scheme include: free initial legal consultations, discounts and set fees, free storage of wills and powers of attorney, free registration of will on a national database, free storage of deeds, legal newsletters, free asset log, and free will reviews.

We seek to be more supportive, in general day-to-day life as well as during a crisis, and to assist our clients in planning ahead for a more secure future.

We can also look after all "Life's Documentation" for our clients, ensuring that the exact location of Wills, Trusts, Deeds, Living Wills, Enduring or Lasting Powers of Attorney are known and, if appropriate, copies can be kept by us.

The achievement of these aims is greatly helped by Law Call Plus, our Client Registration Scheme, which also provides clients with a security card informing anyone seeking to help them, for example after an accident. If you are interested in signing up to this scheme or would like more information please do contact us or join up here.

Employment law solicitors could face teacher questions

There are real fears that teachers in West Sussex could be in need of the advice of their unions and employment law solicitors following revelations that education budgets in the county are down "to the bone".

With UK-wide economic pressures being felt at the heart of West Sussex schools, union spokespeople say that staff could be culled as schools attempt to balance books.

It is undoubtedly a difficult time for the profession, with staffrooms across the county feeling the pressure of cuts and widespread talk of redundancies.

It is likely that many have already taken advice from unions, colleagues and employment law solicitors as to their rights, but if the axe does fall and cuts are the genuine reason it is the sad reality that, for the vast majority, there is likely to be very little that even the best employment law solicitor can do.

It is a gloomy, if hardly surprising, outlook that this is the reality faced by teachers, when funding from the Department for Education has fallen by 23% from almost £70 million to just over £43 million.

It is sometimes easy to forget that this is an issue that it is not just about now – it is about the future of all us is West Sussex, whether we live in Chichester, Bognor Regis or elsewhere.

Employment law solicitors' speculation proves fruitless

It may be possible that the decision by Fabio Capello to resign from the job of England football manager has deprived a firm of employment law solicitors somewhere in England the chance of representing a very high-profile case.

Before the announcement of Capello's resignation, the press was awash with speculation that the FA was intent on sacking Capello anyway and that it would cite breach of contract over the Italian's public criticism of the FA's decision to strip John Terry of the captaincy.

Almost immediately, a number of newspapers sought to garner the opinion of the nation's top employment law solicitors, asking whether the FA would be within its rights to remove Capello.

One problem seemed to be that no one actually knew the details of the manager's contract with the FA – a hurdle even the most insightful employment law solicitors would fail to overcome.

One told the The Telegraph newspaper, "In relation to the issue of Capello expressing an opinion on the captaincy, it depends on his contract and whether it allows him the provision to comment publicly on any matter which contradicts the approach of his employers at the FA.

"In usual circumstance, if a senior manager publicly undermines the collective decision of a board it can still be debatable whether it is grounds for dismissal. Unless it is specified under the terms of a contract that if a board makes a decision, no senior manager will make any public comment, there may be no basis for disciplinary action."

In a football world all too familiar with long-running employment disputes such as the stand-off between Carlos Tevez and Manchester City, and recent constructive dismissal claim of Kevin Keegan, I think we can afford to feel glad to be without a pre-Euros legal battle.

Residential conveyancing market looks to future

It's been a busy end of year for those in the residential conveyancing profession.

For example, at the end of November the Society of Licensed Conveyancers (SLC) held the inaugural industry annual conference – an event which was attended by around 150 specialists and solicitors from the residential conveyancing sector.

Read more