A
2006 survey by DivorceMagazine.com asked readers what had caused
their separation or divorce. Taking both genders into consideration,
22.8% of respondents claimed infidelity as the strongest factor,
followed by communication problems at 21.6%, basic incompatibility
at 18.2%, and emotional or physical abuse at 16.8%. However, it
is worth noting that the poll results differed somewhat between
men and women. 27.4% of men chose basic incompatibility as the
strongest factor; communication problems came second at 24.5%,
followed by infidelity at 19.1% and abuse at 11.4%. (1033 women
answered the poll, as opposed to only 481 men.).
An annual study in the UK by management consultants
Grant Thornton estimates the main causes of divorce based on surveys
of matrimonial lawyers.
The main causes in 2004 (2003) were:
* Extramarital affairs - 27% (29%)
* Family strains - 18% (11%)
* Emotional/physical abuse - 17% (10%)
* Mid-life crisis - 13% (not in 2003 survey)
* Addictions, e.g. alcoholism and gambling - 6% (5%)
* Workaholism - 6% (5%)
According to this survey, men engaged in extra-marital
affairs in 75% (55%) of cases; women in 25% (45%). In cases of
family strain, women's families were the primary source of strain
in 78%, compared to 22% of men's families.
Emotional and physical abuse were more evenly
split, with women affected in 60% and men in 40% of cases. In
70% of workaholism-related divorces it was men who were the cause,
and 30% women.
The 2004 survey found that 93% of divorce cases
were petitioned by women, very few of which were contested.
53% of divorces were of marriages that had lasted
10 to 15 years, with 40% ending after 5 to 10 years. The first
5 years are relatively divorce-free, and if a marriage survives
more than 20 years it is unlikely to end in divorce.
Regarding divorce settlements, as defined by this
survey women obtained a better or considerably better settlement
than men in 60% of cases. In 30% of cases the assets were split
50-50, and in only 10% of cases did men achieve better settlements
(down from 24% the previous year). The 2004 report concluded that
campaigns like that of Fathers 4 Justice must succeed in increasing
the percentage of shared residence orders, in order for more equitable
financial divisions to become the norm.
To prevent jurisdiction shopping you can only
now bring proceedings in England and Wales if you are habitually
resident there or have retained domicile in England and Wales.
This applies to the whole of the EU. It may appear therefore that
if you live in France but were married in England, you should
bring the proceedings in France. However, the legal notion of
domicile is not what one might think. To retain domicile in the
UK, it is sufficient to retain identification with the home country.
If you look at the football results each week, and have the vague
intention of returning to the UK to retire, then you have retained
domicile. In other words, it is relatively easy to claim that
you've retained domicile as long as you haven't adopted foreign
citizenship.
Relatively few lawyers or judges are clear about
the EU law regarding jurisdiction.
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