Unfair splits (Published 09/01/06)

I was reflecting over Christmas on how unfriendly the legal system is to its consumers, the public. Nowhere in my opinion is this more so than in the area of divorce law and matters akin thereto. What is a legal system there for, except to expose the guilty and vindicate the innocent? Yet the cornerstone of our legal system nowadays when it comes to marital splits is the notion that neither party is in the wrong. When relationships split, this is just one of those things. Nobody is to blame. That is the theory, at least.

The idea behind this theory is that the legal system does nobody any good if it accentuates conflict. It is bad enough when a couple split, especially when there are children involved, but for the lawyers to wade in and argue about things just makes the whole thing so much worse. This is all well and good, as far as it goes. The trouble is that in practice lawyers try to press this too far, for the sake of an easy life. The danger of that is, it seems to me, that if a legal system says that it is not going to attribute blame, then it is effectively saying two other things as well. Firstly, it is saying that you can be as rotten as you like and nobody in authority will take any notice. Is that the sort of message we want to send out? And secondly, it is saying that if you are the victim of blameworthy conduct then tough luck. The legal system will do nothing for you. You are on your own. I don't think that that is particularly edifying either.

One of the reasons why Wilsons Solicitors exists is the need to stand up against unfair rules like this. It is simply not fair for a legal system to say to victims of wrongdoing that it is just tough they are going to have to put up with it. Too often these ideas are just applied unthinkingly. The innocent party and/or the children lose out as a result, and guilty parties gain by their wrongdoing. It is bad enough having to go to law in the first place without having to put up with this, and this is why we always pride ourselves on putting our clients case forward robustly whenever occasion demands.