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

Plans to acquire new build homes for council housing Houses under construction

Plans to acquire new build homes for council housing

19 Feb 2026

2

BAE records record sales as orders soar Typhoon courtesy of BAE Systems

BAE records record sales as orders soar

18 Feb 2026

3

Lord Lieutenant for Lancashire calls on thriving businesses to apply for Kings Awards Amanda Parker JP

Lord Lieutenant for Lancashire calls on thriving businesses to apply for Kings Awards

18 Feb 2026

4

Lancashire to shine in national VisitEngland coastal campaign Coastal campaign at Lytham St Annes

Lancashire to shine in national VisitEngland coastal campaign

17 Feb 2026

5

Green light for Eden Morecambe 251219EPM BMSG Dunes

Green light for Eden Morecambe

16 Feb 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
RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Women Growing Together in Lancashire
IWD Lancashire March 2026 Landscape Graphic Final
LBV Hub Networking
07 Mar 2026 - 07 Mar 2026

Women Growing Together in Lancashire

Dalvee Restaurant, Lancashire

10:00 - 14:00

Bay Hospitality Forum
Logo.jpg.jpg
LBV Hub Networking
11 Mar 2026 - 11 Mar 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Lancaster, LA1 1TZ

10:00 - 12:00

Red Rose Awards 2026
Rra26 Logo315x315
Awards
12 Mar 2026

Red Rose Awards 2026

Winter Gardens Blackpool

18:00 - 02:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin