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Rectify injustices at divorce caused by lack of legal representation

Submitted on Thursday 27th January 2022

Rejected on Friday 4th February 2022

Current status: Rejected

Rejection code: irrelevant (see below for details)

Petition Action

Rectify injustices at divorce caused by lack of legal representation

Petition Details

Appoint a commission independent of the judiciary to identify miscarriages of justice in divorce cases in England and Wales where one of the parties was not represented by a legal professional, by asking four straightforward questions (below).

Apologise to and compensate the victims.

Additional Information

In 2012 legal aid was withdrawn in divorce cases. Since most people cannot afford legal costs of over £30,000, miscarriages of justice are inevitable. Rectifying judicial mistakes is vital to upholding the credibility of the justice system. For each unrepresented spouse, ask whether he/she was: a) told what the other spouse claimed; b) given the evidence in time; c) told what laws apply (including case law); and d) informed of the process and told when to attend court. The answer ‘no’ to any one of these questions indicates a miscarriage of justice.


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This petition was rejected

The Government e-Petitions Team gave the following reason:

It's clear that you'd like the Government to take action on the imbalance in access that people have to legal support for divorce. However, it is a matter for the Courts to identify miscarriages of justice. This lies outside of the responsibility of the Government or bodies it sets up.

You could start a petition asking for the Government to conduct a review of the affordability of the divorce process, or calling on the Government to make legal aid widely available for the legal costs of divorce or dissolution.

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