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

Preston firm starts work on major Merseyside warehouse development Huyton 220 1

Preston firm starts work on major Merseyside warehouse development

25 Sep 2026

2

Pothole repair machine seals hattrick of award wins for Multevo Hugh Dennis Presents Multevo With Product Of The Year Award

Pothole repair machine seals hattrick of award wins for Multevo

25 Sep 2026

3

The north needs its older homes in the plan Zak Khan

The north needs its older homes in the plan

25 Sep 2026

4

Sowena signs up to sponsor Red Rose Awards Deal of the Year RRA Sowena Group

Sowena signs up to sponsor Red Rose Awards Deal of the Year

25 Sep 2026

5

Cyber specialist wins £295,000 of Innovate UK funding    Richard Stephenson Yudu Sentinel

Cyber specialist wins £295,000 of Innovate UK funding   

25 Sep 2026

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
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

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

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Employment law webinar - an update on key ERA 2025 changes
LBV Website Events GraphicEmployment Law Webinar 29 Sep 2026

Employment law webinar - an update on key ERA 2025 changes

Online, Preston, PR1 3JD

12:00 - 13:00

Preston Tech Connection Coworking Day at Society1
Preston Tech 2 29 Sep 2026

Preston Tech Connection Coworking Day at Society1

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Business on Par Burnley
Business on Par LBV Banner (1200 x 800 px).png.png 30 Sep 2026

Business on Par Burnley

Prairie Sports Village, Burnley, BB10 2FU

09:00 - 11:00

Unfair Dismissal: The critical update employers can’t afford to miss
Lancaster And Morecambe Logo 1 30 Sep 2026

Unfair Dismissal: The critical update employers can’t afford to miss

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

SheChain Live - Where Lancashire business meets opportunity
SheChain Live (3).png.png 01 Oct 2026 - 01 Oct 2026

SheChain Live - Where Lancashire business meets opportunity

Blackpool Conference Centre, Winter Gardens (Leopold Grove entrance), Blackpool, FY1 1HL

09:30 - 16:15

Breakfast Social and Coworking Day: October
Breakfast Social 01 Oct 2026

Breakfast Social and Coworking Day: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – October
Lancaster And Morecambe Logo 1 01 Oct 2026

Chamber Breakfast Networking – October

Unique Kidz Youth & Community Centre, Morecambe, LA4 4NW

08:00 - 10:00

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