New report shows lack of awareness of out of court divorce options

By Linder Myers

21 Aug 2014

A new independent study published by the University of Exeter has shown that a staggering 45% of those surveyed in England and Wales were completely unaware of the options available to them to help dissolve their marriage out of court.

The Mapping Paths to Family Justice report was a result of a three year academic research project and follows radical changes to family law with a drive to keep more divorce cases out of the courts and the removal of the availability of legal aid, except for cases involving domestic violence and for mediation.

Lyndsay Jackson, family law specialist at Linder Myers Solicitors in Preston commented: “We are all dealing with the fallout of the Family Justice System’s radical changes, and not least the withdrawal of public funding for most divorce cases. The findings have shown a real lack of awareness of the number of out of court options available to splitting couples including collaborative law, mediation and solicitors negotiations.

“The breakdown of a relationship or marriage is often a highly emotionally charged time and sadly, the report has proved that misconceptions still exist that appointing a solicitor to help resolve matters automatically means that the case will go to court which is not the case. As family law increasingly moves away from the traditional, and adversarial, approach to divorce proceedings, couples faced with this situation now have more options than ever before.

The Mapping Paths for Family Justice report found that 44% of the couples surveyed were aware of mediation, 32% of Solicitor Negotiations and only 14% were aware of Collaborative Law, a relatively new method for managing divorce in a more conciliatory fashion.

Jackson continued: “The traditional, and often hostile, approach to divorce can often draw out proceedings and turn into a bitter battle which is entirely avoidable. Less contentious approaches to these situations with the help of the right legal specialists are particularly important for separating couples with children as a long term relationship between the parties will continue after the romantic relationship or marriage has been dissolved.

“Choosing a less adversarial method will not only help to avoid matters reaching the courts, but also gives couples a chance to maintain a healthy relationship with their ex-partner afterwards and save their children from the emotional scarring often left behind by other divorce methods.”

Despite the growing availability of less contentious divorce methods, the UK still operates a fault based divorce system. The Law Commission has previously attempted to change the law under the Family Law Act 1996 with the aim of introducing the no fault divorce over a ‘process of time’ but this was never implemented and instead repealed.

Since 1975 Australia, in contrast, has allowed for no fault divorces following a 12 month period of separation but an element of ‘fault’ in children and financial matters is maintained. Canada has a similar 12 month separation period with no requirement for fault to be proved and several European countries including Sweden and Spain also operating a ‘faultless’ divorce system. The report did not cover arbitration, another out of court method which focuses primarily on resolving disputes over financial matters out of court.

Enjoyed this? Read more from Linder Myers

Latest news

1

Morecambe Business Improvement District given fresh five-year mandate David Waddington Chair L John Oneill Bid Manager R 1024x768

Morecambe Business Improvement District given fresh five-year mandate

14 Aug 2026

2

fulfilmentcrowd appoints Neil Midgley as director of operations Neil Midgley Director Of Operations

fulfilmentcrowd appoints Neil Midgley as director of operations

14 Aug 2026

3

Inheritance tax changes prompt planning review Stuart Maher

Inheritance tax changes prompt planning review

14 Aug 2026

4

Finding the right channel for growth Phil2026

Finding the right channel for growth

13 Aug 2026

5

Preston College secures £3.6m for major construction centre revamp Preston College

Preston College secures £3.6m for major construction centre revamp

13 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Finding, Getting and Keeping The Right People - FREE Workshop
Gemini_Generated_Image_iotoi2iotoi2ioto.png.png 20 Aug 2026 - 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Logo.jpg.jpg 25 Aug 2026 - 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Preston Freelancer Meet-Up: August
Freelancer Meet-Up Square August.png.png 27 Aug 2026 - 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
Gemini_Generated_Image_ysrasxysrasxysra.png.png 27 Aug 2026 - 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

90 Day Business Planning Workshop
GCJune 26 600 x 280.jpg.jpg 25 Sep 2026 - 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin