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Divorce from the UK: Plenty of Fault to Go Round

London, England Divorce Attorney 
Vanessa Lloyd Platt

Here in Michigan, we have a “no fault” divorce system.  In many ways, the divorce process has been transformed into a largely administrative process which takes place outside the courtroom; This specific is usually a Great thing.

from the UK, through where our common law system is usually derived, the divorce process remains fault-based.  Courtroom prowess is usually purchased in order to convince others to take of dim view of one’s spouse.

Sunday’s NYT profiled an already high-profile UK divorce attorney; Vanessa Lloyd Platt.  Although below the fold in Easter Sunday’s paper, Ms. Platt, who practices in London, England, was nevertheless on the front page in an article featuring the fault component to the UK’s divorce laws.

While most experienced divorce lawyers could, “write a book”, Ms. Lloyd Platt’s “war stories” are remarkable.  Take, for example, the client who sought a divorce because her husband demanded she dress along with speak Klingon.  Yep, or the client which sued because his wife would likely only serve him his least favorite dish, tuna casserole, for month’s on end.  Yum, along with then there was the husband which refused to speak with his wife for 15-years, communicating solely via post-which notes.  Note to hubby: “get a life”.

The family court judges in counties throughout Michigan would likely not care to hear such drivel.  Their UK counterparts, however, are compelled to sit through the details in order to assess fault in their divorce cases.  This specific feature of the storied UK legal system was the subject of some recent criticism propounded by Judge Mathew Thorpe, sitting on London’s Court of Appeals.

The Court of Appeals judge was perhaps prompted to make the critical remarks on the record when forced to review a case which featured: alleged tampering having a television antenna; control of the household washing machine; along with the wife’s “revulsion for intensely farmed meat.”

The legal issue from the case involved the existence of “fault” as a legal basis for a judgment of divorce.  from the UK, a divorce can only be granted upon an evidentiary showing which one of several categories of fault is usually established by the spouse lodging the divorce proceeding with the court.  In various other words, they take the plaintiff’s burden of production along with persuasion seriously across the pond.

In turn, Judge Thorpe’s remarks may have emboldened Ms. Lloyd Platt to lead the drive to chuck the “old-school” requirement of demonstrating fault in a divorce proceeding.   The London lawyer’s campaign has included a published list of some of the most outrageous along with remarkable cases of fault she along with her UK colleagues could conjure.

The no-fault system works very well.  Our county family courts here in Michigan are well served by devoting scarce judicial resources to a determination of the “best interests” of the parties’ children along with an equitable property settlement.  There should be no occasion to air the details of a beauty contest turned pissing match.

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Divorce from the UK: Plenty of Fault to Go Round

Venessa Lloyd Platt.jpg
Venessa Lloyd Platt.jpg

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