Generation Divorce: ‘adversarial nature‘ v. ‘mediation‘
Divorce = separation ‘between spouses‘ and separation ‘between spouses and children‘
We explore how Divorce can be granted in England and Wales, both in Theory and in Practice.
More often than not divorces in England and Wales take the ‘adversarial nature’ as at least one party refuses ‘mediation’. Solicitors more likely are to advise their divorcing clients to refuse mediation in order for them to also make money when the court gets involved in the lengthy litigation process. Even if parties use ‘mediation’ and reach the terms for the divorce, the court still has to agree and seal their agreement; the agreement contract is called – the consent order. However, if such a consent order is to be found out later on that it was obtained by deceitful information provided by one party, the ‘adversarial nature’ of divorce will still have to take place. Could ‘mediation’ simply be a wishful thinking of some Judges who do not live in the real world?
Divorce after all is about control and obtaining as much financial gain as possible while ridiculing the other party. This is not a new behavioural concept. The Matrimonial Cause Act 1973 has been passed by the Parliament to set the rules so as to put both parties on an equal platform from the start. All other deviations are left to the legal precedents and judicial discretion.
Divorce ‘between spouses’:
In England and Wales according to GOV.UK, a divorce you’ll be granted if one can prove that the marriage has broken down. There are 5 reasons, one can use to obtain a divorce:
* sexual intercourse with someone of the opposite sex (man and woman) and under 6 months from its discovery.
2. Unreasonable behaviour
* such behaviour that the other party cannot reasonably be expected to live with them (physical violence, verbal abuse, drunkness or drug-taking, refusing to pay for housekeeping)
*husband or wife left without agreement/good reasons, ended the relationship, more than 2 years in the past 2.5 years
4. Living apart from more than 2 years
*both parties agree to the divorce in writing
5. Lived apart for at least 5 years
*both parties do not need to agree
The above grounds are not all made used of by the parties divorcing or the ‘commoners‘. The most popular divorce ground for the ‘commoners‘ is number 2: unreasonable behaviour.
The most popular divorce ground for the ‘Royals‘ and ‘Very Well-to-Do Individuals’ is number 4: living apart for more than 2 years. This ground avoids embarrassment and details being recorded such as adultery. Helps in keeping up appearances. Click here for ‘A Very British Divorce: Diana, Princess of Wales‘.
Popularity with the Courts and Legal Professionals:
The unreasonable behaviour ground is very popular with the courts and the legal professionals because it develops the ‘adversarial nature‘ system and ensures a lengthy litigation process as numerous statements and applications must be filed with the court along with numerous court representations by expensive barristers.
‘Adversarial nature’ system is what makes justice into a profitable business in England and Wales.
It ensures that the court is paid the high application fees, Judges are employed and stay in employment, and the legal professionals draw significant funds from the parties (not always funded by Legal Aid) if legally represented. If the parties appear as Litigants in Person the court will believe only the perpetrator as he/she will have the dominant character most appealing to the Judges. According to Lord Wilson it is important that the best show is to be presented in court.
This ground is also so very popular because it confirms and supports the Government’s agenda for ‘domestic abuse‘; thus, it protects the person who first made the allegation. Whether or not the allegations were true or false is not important. The bottom line is that there is now an applicant and a respondent in Her Majesty’s Courts. Both will be put through the adversarial English legal system and only the strongest and most adversarial will survive it.
More on Domestic Abuse. Click here.
Lack of proper investigation of allegations create a big problem:
One of the biggest problem in England and Wales is that:
- there are no proper investigatory bodies to seek the truth in relation to allegations made in divorce proceedings; and
- judges do not want to hear of any false and malicious allegations as such will be swiped under the carpet and the party challenging the allegations will be marked in the Judgment as engaging in a mudslinging exercise. There is no desire for justice to allow for a proper investigation so that the truth can be uncovered.
Therefore, a lot of Judgments may very well contain errors and omissions. The public unknowingly having to rely on wrong legal precedents that contain false and misleading facts either wrongly understood and stated by the Judge or intentionally related wrong in the Judgment to deter others from pursuing legal action.
It can take years before the truth comes out. Even when the truth comes out, the court via the manoeuvring of the Master of the Rolls and Head of Civil Division will block the party that discovered the evidence against the perpetrators by placing a Civil Restraint Order (CRO) on the person from pursuing the truth. Such order will require the person on which the CRO was placed upon to seek permission from the perpetrators to file an application. Common sense clearly tells that such permission will never be given. Thus, Judges ensure that they protect all the perpetrators and the truth will never come out. This could continue until the global legal community will find out and get involved, and the Justice System in England and Wales will be put to shame worldwide.
Most often the person who is the actual victim of the domestic abuse becomes the suspect and thus punished by the authorities, leaving very little room to provide counter evidence in defence. This allows for the perpetrator to make financial gains and ruin the actual victim’s life.
Police failure to investigate false and malicious allegations:
The police most often fails to investigate false and malicious allegations. They seek to fulfil the Government’s agenda and provide the thought after statistics that ‘domestic abuse does exit and they address it‘ and ‘those who report it must be protected at all costs‘. This will also ensure that a healthy public funding will be provided to the police to deal with the so called ‘domestic abuse’ cases. Police officers will keep their jobs and they can pay their bills.
How to start divorce on ‘unreasonable behaviour’ ground:
To start a divorce on this ground of unreasonable behaviour, the most popular action is for a party to call the police to report domestic violence. A bit of crying will go a long way to gain sympathy. Looking distorted and afraid will also help when the police will attend at the parties’ residence. This process ensures controlling the emotions of the police and an arrest of the person complained about will be in the bag – will be done! The person calling for police back up will most likely cause injuries to himself/herself to make him/her believed. Crocodile tears will strengthen the case for the perpetrator against the person complaint about. Some people cause small scratches on themselves, create bruises on themselves by any means and hide them from the spouse and before the police is called, throw themselves down the stairs (before the police arrive, of course) to create injuries on themselves, ask a friend to pose as a lover only to start a jealous row of arguments and claim domestic violence with the partner who became jealous (this spouse will be called a controlling spouse), or simply make up numerous allegations of control and emotional abuse incidents.
If the perpetrator succeeds into arresting the spouse based on his/her false and malicious allegations, the perpetrator will immediately change the locks of the apartment to claim fear if he or she plans a divorce. This will also ensure that he/she will remain in the matrimonial flat and control all the matrimonial assets. He/she will then hire (if not already planned ahead) the best and most corrupt law firm of solicitors to influence the court to agree with the perpetrator. After the perpetrator establishes the sympathy and trust from the court with the legal representation of the corrupt law firm, he/she will dismiss the corrupt firm as it is most likely very expensive (justice is bought!) and starts to act as a litigant in person. Then, he or she will breach all court orders claiming not knowing what to do, and abusing the Judges who will put their hands up and give up on the law. Judges fail now to act independently. Such Judges will believe the perpetrator because the case was started by the corrupt law firm and no Judge will want to go against such law firm, or let down such law firm that they know and trust through their own connections and or pressure put upon their own judicial careers.
How the criminal court can help with financial gain in the family court:
If a spouse is arrested and taken to the criminal court, the criminal legal proceedings will be used by the perpetrator to strengthen his/her case in the family court as such perpetrator will allow himself to unrestrainingly call the other spouse – ‘a criminal‘. He or she will secure restraining orders with the help of the corrupt law firm. These will be rolled over whether or not the perpetrator can prove or not that he or she was indeed a victim of the domestic abuse. The perpetrator is free to pursue another partner and move such partner in the matrimonial flat. The abusive actions of the perpetrator will ensure that the Judges are also mentally abused by the perpetrator. These Judges may not be aware or simply don’t want to admit that they are also abused by the perpetrator. They will immediately reach a conclusion that the person who was put through the criminal court is guilty. Lord Wilson of Culworth (now in the Supreme Court and having reached this high judicial position not by his own merit but via his connections with the Conservative Party and his mother) said that an acquittal in the criminal court does not mean that the person is not guilty. He welcomes women to be punished because he has a very low opinion of women, due to his narcissistic personality.
Consequences when allegations are left unaddressed by the family courts and the Justice System fails society:
When perpetrators are allowed to succeed following failures of the Justice System and abuse of the Judges and by the Judges, the Justice System is turned upside down and judicial careers come to an end. Two judicial careers came to an end in 2016 and 2017 because of such actions and defence for perpetrators – Lord Dyson (former Master of the Rolls and Head of Civil Division and former Supreme Court Judge) and Lord Neuberger (former President of the Supreme Court and Judge, and former Master of the Rolls and Head of Civil Division at the time Lord Wilson was in the Court of Appeal).
The effects of such actions to protect perpetrators, support of the corrupt law firms, and removal of the Judges for their failures to seek justice and act independently, carry the greatest liability that of causing a national security issue.
Most perpetrators have a criminal background, proven or not, and will try to turn their victims into criminals so that they will not be caught. Others are driven to commit such acts out of poverty, lack of self esteem, lack of education and ability to develop a career, lengthy periods of unemployment and a desire to steal from the marriage – from the other spouse. Such perpetrators are also more likely to have been married a number of times, thus making them serial divorcees.
What are the characteristics of the perpetrators ready to use and shame a dysfunctional Justice System and their victims?
Most perpetrators have had at some point in their lives difficulty in getting along with others, showed no respect for authorities, are less likely to keep a job, are litigious by nature, are well educated but pretend that they are, and seek at all times to portray themselves in a different light than they really are.
The cases we have seen first hand had such perpetrators originating from Eastern Europe and Russia. They also committed other crimes in other countries but were not caught. The majority came from families facing poverty, debt, are less educated, and displaying a pretentious behaviour to keep up appearances in order for them to commit their own crimes by misleading and stealing from others. These perpetrators and their families are called – Gold Diggers.
Perpetrators are people who turn into victims to make a financial or otherwise gain, while causing damages to others and subjecting those around them into submission and control.
This is where we come in. We investigate deception and prove with evidence the weaknesses of an old and unfit justice system – the English Justice System. It appears that its only purpose is to help and support perpetrators while it punishes the victims of domestic violence. Justice is made unacceptable and unattainable for many real victims of the English Justice System.
Divorce ‘between spouses and children’:
Mediation: click here.
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