INTRODUCTION

This is my request for your financial assistance and your active support in two ongoing family law applications at the High Court.

I am seeking a declaration that aspects of the England and Wales Divorce and financial settlement laws breach several of our collective Human Rights and also undermine a number of our Common Law rights.

For those of a technical or legal mind the specific Human Rights issues to be addressed are covered by Article 6, Article 8, Article 13, Article 14, Article 17, Article 1 of Protocol 1 and Article 5 of Protocol 7.

In a separate action I am pursuing a declaration that the Family Law Courts are not applying the law as has been passed by parliament. I seek a declaration that judges in the Family Courts, like all public officials are subject to the laws of the land. These are laws that are defined and set out by parliament.

The technical issues are the upholding of the Rule of Law and Misconduct in Public Office (MIPO).

I am looking for a ruling that there is no exception for public officials. Concerns about public officials not exceeding their authority and themselves abiding by the laws of land have recently been brought into focus by two sets of incidents. The prorogation of parliament legal challenges in 2019 and the more recent Covid-19 lockdown breaches by a number of public officials.

We need to fight for a just divorce system that caters for those who need to escape abusive and legally defined “Unreasonable Behaviour”.

Any legal definition must be in plain language that can be understood by those that are not legal scholars. A meaning of “Unreasonable Behaviour” in the statute law would include mental and physical abuse, drunkenness and financial irresponsibility beyond a defined level.

Balancing that, the divorce laws must give people time, space and most importantly support to reconcile their differences. The law itself must safeguard against people needlessly being sucked into the machinery of divorce.

The Louisiana covenant marriage law, enacted in 1997, goes a long way towards achieving this. The law created two forms of marriage in the state: the traditional marriage contract, with minimal formalities of formation and dissolution, and a covenant marriage, which imposes heightened requirements for entering and leaving a marriage.

We need a financial settlement system that is not a life sentence for one side and a meal ticket for life for the other side. The Family Law (Scotland) Act 1985 has been successful in doing this.

We need to put a break on precious family recourses being hoovered up by the legal profession to the detriment of all family members especially the children of the marriage.

We need a combined divorce and financial settlement system that truly respects the Rule of Law, Human Rights, justice and the dignity of all those who are unfortunate enough to become acquainted with the divorce process.

We are entitled to have a judiciary that is not biased against the concept of defended divorce, because that is not justice.

I have set out a number proposals for a fairer divorce and financial settlement system in the sub-section A Positive Way Forward?