by Standerinfamilycourt
And He said to them, “Whoever divorces his wife and marries another woman commits adultery against her; and if she herself divorces her husband and marries another man, she is committing adultery.”
– Mark 10:11-12
This blog post has been in-progress for the better part of a year now. In a way, there’s both good and bad in that happenstance. On the “good” side, the British “wheels of progress” have ground very slowly – God be praised! On the bad side, we’ve witnessed an adulterous royal “wedding” (to which the U.S. sent its second most godless Anglican clergyman to take part in the nuptials), and….the echo chamber of the UK media has had little pushback as they trot out the same unsupportable arguments that have long been discredited and overwhelmingly disproven by the five decades of ruinous track record for unilateral “no-fault” divorce in the U.S.
A hopelessly flawed official report (“study” result) was published in the House of Commons in October, 2018 with enactment recommendations. Part 2 of this post will break down that “study” for our readers, in detail.
Since last spring, “standerinfamilycourt” has been reading an avalanche of articles that look and sound like they have literally been plucked from a dusty 1969 box, and retyped to add the requisite “u’s” and replace the “z’s” with “s’s”. Those articles were “snake oil” back then, when U.S. church and government leaders were shamefully duped by the latent cultural Marxism taking dead aim at the U.S. Bill of Rights, and they’re still “snake oil” in their recycled state as they’re being dusted off (again) in London.
Where is the voice of British church leadership (Anglican, Catholic, Methodist, Baptist) in defending the biblical Matthew 19:4-6 family? (Indeed, it appears that the Queen’s counterpart to the U.S. Attorney General are aggressively pushing this deeply flawed policy legislation which 20 years ago failed its pilot testing in the UK and was scrapped).
Where is the mention of the sad fact that enactment of unilateral “no-fault” divorce laws has caused U.S. church doctrine to decay and church morality to utterly disintegrate?
Where is the mention that enactment of forced, “no-blame” divorce has rendered most U.S. states unable to balance their budgets?
Where is the disclosure that many of the states depend on Federal funds derived from taking children away from their fit parents and trafficking them to foster homes to narrow their deficit gaps?
Where’s the mention of the direct impact this regime has had on the willingness of U.S. young people to ever marry at all, rather than cohabit (and thereby keep the reckless totalitarian government out of their homes altogether), and the concupiscent attorneys out of their pockets?
Where is the mention that enactment of these statutes has literally ballooned the size of state and Federal government in the U.S.?
Where is the mention of all the constitutional challenges being renewed by citizens in numerous states to try to overturn the various U.S. state laws and vindicate their violated fundamental rights?
Where is the mention of all the U.S. constitutional attorneys who have testified before state legislatures that they believe the U.S. unilateral “no-fault” divorce laws violate the Respondent’s fundamental constitutional rights in numerous ways?
Indeed, where is the mention of the mounting traffic in repeal and reform measures being filed each year in the various U.S. state legislatures because the system is failing?
The chief argument that seems to be carrying the day in the UK (according to the media and the official Parliamentary report) is the utterly bizarre notion that forcibly shredding someone’s family and destroying their generations, robbing their family’s hard-earned wealth and materially compromising most family members’ futures will somehow “reduce conflict”. Hello?
Another key U.S. reality that goes unmentioned in the UK (one-sided) debate: the bulk of attorney fees in the United States’ $100 billion-a-year “family law” industrial complex come not from the divorce itself, but from years and years of subsequent legal conflict between family members for so long as the children remain minors.
Fifty years of U.S. experience have exposed this spurious “reduced acrimony” argument as completely untrue, so it’s beyond ridiculous that in a day and age of worldwide instant media access, elite special interests are pulling this over on the British public! If only the BBC would dare to air the U.S. documentary DivorceCorp, and give the railroaded British citizens a truthful look at their future under this “reform”.
And, oh, the shrieking, howling headlines from “across the pond” last year when Mrs. Owens (who most likely was recruited by the greedy elite special interests for the rarity and emotional pull of her case) lost her high court challenge by unanimous decision and was forced to wait one more year to immorally abandon her elderly husband while taking spoils.
“The courts can’t make Tini Owens love her husband!” whined Suzanne Moore at The Guardian.
“Nobody’s fault but the law” echoed her Guardian colleague, Owen Bowcott.
“Tini Owens is locked into an unhappy marriage – this is why we need ‘no fault’ divorce” (Guardian, again – Laura Barton).
“Tini Owens forced to stay married…” howled the UK Daily Mail.
“Barbaric!” they all hissed. Several of us would argue that what’s really barbaric is what the U.S. has been saddled with for decades, which was the literal incubator that has since led to a veritable Pandora’s Box of ever-worsening religious freedom and parental rights violations, for both intact and government-shattered families.
Not one of these liberal “rags” showed the least bit of concern or compassion for Tini’s grieving family members – the ones with the clean hands! How outrageous of every one of them to demonize this faithful and gracious husband who has every right and responsibility before God to keep his family whole.
The real fault in the Tini Owens case, contrary to the media hype and thick emotional huckstering, is that existing UK law still allows for an entirely unilateral divorce to be had by the offending party after 5 years of self-imposed non-cohabitation, and probably allows an abandoner to also take half of the family assets, which in the case of the Owenses, was considerable:
“They built up a hugely successful £5million-a-year mushroom growing business and amassed four ‘nice houses’, including a stunning £630,000 Cotswolds farmhouse, where the family lived, and holiday homes in Wales and France.” – Daily Mail, July, 2018
Much hand-wringing ensued the refusal of the appeals courts to hear the case, rather than state the obvious: Ms. Owens had separated from Mr. Owens in 2015, and according to one media source, had been in an adulterous relationship from 2012, so Mr. Owens could have filed a fault-based petition against her in due time much shorter than 5 years, but apparently feared God and had compassion for his wife. The reality is that the UK government did not owe Mrs. Owens a financial reward for selfishly breaking up her 40-year marriage and leaving her blameless husband four years ago. It is against sound public policy, indeed, for them to do so.
Three things tend to be a commonality with elite social engineering, as we’ve painfully learned here in the “colonies”: emotional pitches run absolutely amok in the media, the laser-like focus always locks onto the most extreme outlier case that could possibly be dredged up, as if this rare case was going to bind and ruin the whole nation, and lastly, there is a conspicuous absence of grassroots demand for the “urgent” change outside of commercially-paid and sponsored “surveys”.
As was the case in the U.S., and continues to be, there are a few quality voices speaking out against this poorly-justified piece of legislation, including Thomas Pascoe, campaign director at Coalition for Marriage, who recently said in an interview, “We already have no-fault divorce, but it takes between two years when both parties agree and five when they do not. This standstill period recognises the gravity of divorce. It allows both parties time to try and save the marriage and allows both time to make reasonable adjustments to their lives where no agreement can be found.”
Similarly, Colin Hart of the Christian Institute points out the resoundingly obvious truth that “no-blame” actually constitutes no justice.
Finally, in the House of Commons briefing paper, Sir Edward Leigh (Conservative) was quoted as having pointed to evidence from other countries which, he said, showed the wider consequences such legislation might have. ” Sir Edward then set out other potential impacts of family breakdown, drawing on evidence from a study in the US which argued that 75% of low-income divorced women with children had not been poor when they were married, but Douglas Allen also points out in the Harvard Journal of Law & Public Policy that “the real negative impact of the no-fault divorce regime was on children, and increasing the divorce rate meant increasing numbers of disadvantaged children.” In the UK, Sir Edward continued, a 2009 review by the then Department for Children, Schools, and Families had found that a child not growing up in a two-parent family household was more likely to experience a number of problems which he detailed. He also spoke of other research on the effects of family breakdown. Sir Edward considered that the potential adverse consequences of no-fault divorce should rule out its introduction.” (Sir Edward was on the right track, but still didn’t have the gist or full evidence of what this kind of legislation has done in the U.S. after the divorce, nor that it has been the least bit successful in curbing “conflict” – a function of disingenuous problem definition by the majority.)
Sadly, none of these voices are availing themselves of the abundance of available, documented evidence that these policies have horribly failed in country after country around the world. History is eerily repeating itself fifty years later, with no lessons learned. As was true in the 1960’s, female attorneys have been conspiring this con job, and gaining the blind support of the elites. According to the president of the UK Supreme Court, Baroness Hale, the majority of “solicitors” (practicing attorneys) in the UK are women. She has been advocating for unilateral, forced divorce since the early 1990’s, as had the feminist U.S. womens’ bar groups. Lady Hale asserts in 2016, more than half of all divorce petitions were submitted on the basis of adultery or “unreasonable behavior” (a.k.a. “emotional abuse”, in U.S. legalspeak). We actually need to be honest about the fact that the main driver of divorce is, and always has been adultery (and the desire to legitimize adulterous relationships). Civilized, sustainable societies don’t incentivize adultery. The objective of these feminists has always been to remove the father from the family (forcibly, if necessary) so that he won’t be in a position to obstruct further social engineering.
These special interests allege that the (existing) law forces separating couples to “make more aggressive allegations against one another” in order to secure a divorce, verbatim the overblown 1969 argument in the U.S. , as if sweeping excrement under an “irreconcilable differences” rug, will take away the stench. On our side of the pond, we know that all this philosophy has accomplished is train our society to lie in ever-broader ways and blame others for our own self-indulgences.
This cartoon points out the U.S. situation where the very same lobbying professionals who were falsely asserting that unilateral divorce-on-demand would “reduce acrimony” – rather than merely postpone it, were actually about to start ramping up their profits by egging the acrimony on during the proceedings and long afterward – to the point of having non-custodial parents jailed and worse.
In the UK, it’s objectively true that such “aggressive” allegations must be made to shorten the waiting period from 5 years to 2 years under current law, while in the U.S. prior to 1970, only one state allowed a couple to mutually agree to end their marriage, while the UK does not allow for mutual consent divorces either, according to the government discussion paper(a fact that conveniently escapes the “problem” definition in the House of Commons analysis – for which there is, in fact, a commercial reason that goes undiscussed). Both were unstable situations, however, must the UK repeat the U.S. constitutional travesty of killing a gnat with a sledge hammer and reaping the harsh societal consequences? What would be wrong with instead implementing a mutual consent joint petition, with perhaps a 180 day waiting period? Why not retain fault-based grounds where there’s no consent, but eliminate the waiting period altogether if the charges are proven? As Thomas Pascoe pointed out, no alternative models were adequately considered, which strongly implies that a prescribed “solution” was looking for a “problem”, rather than the other way around.
No-fault divorce was reportedly first introduced by the Family Law Act 1996, but its provisions were later deemed “unworkable” after a pilot attempt and it was repealed. It has been widely supported by prominent members of the judiciary, lawyers and relationship charities (in other words, the elite, and not broad citizenship demands. ) Quoting a 2001 article in the Daily Mail about the repeal,
“The admission came as Lord Chancellor Lord Irvine at last killed off Part Two of the Family Law Act, which would have allowed a husband or wife to ditch their spouse in 12 months without ever having to bear blame or answer for their behaviour.
“Opponents of the law brought in nearly five years ago by John Major’s Tory government, and enthusiastically backed by Labour, insisted no-fault divorce would increase break-ups rather than help families.
“Lord Irvine has now acknowledged that the opponents of the system were right and the law would be repealed.”
So, what has changed, UK?
Between that previous attempt to move toward forced-divorce-on-demand and the current campaign, the Anglican Church liberalized its doctrine in 2002 to promote “remarriages” that Jesus consistently called adulterous, effectively clearing away any temporal reasons for meaningful opposition from the country’s largest and its state church.
Writes a friend of “standerinfamilycourt” who lives in Cornwall,
“It’s been handed over to the Crown prosecution who believe it’s the only way forward now for the Government to pass , So sad
“I spoke to my MP Derek Thomas Conservative MP for St Ives Cornwall, knew him before he was an MP but when I talked to him about divorce and remarriage his face went blank, end of conversation. I will have to write or email him a letter, we are going down the pan quickly here in the UK Brexit abortion now this, yes sad to say the big wigs here follow the States, money to be made let’s go go go.”