(1) The InFighter's Guide to Divorce
- General
- Summary
- Qualifications
- Review
- Applauds
- Criticisms
- Personal Tips
- The Way Ahead
- Conclusion
(2) The Which? Guide to Divorce

(1) The InFighter's Guide to Divorce

Review by Andrew Bull v1.20 on 17 Jul 07

Gender pronouns: 'she' is the wife and original petitioner and 'he' and 'you' are the husband and original respondent; reflecting some 72% of situation; interchangeable.

General
By Richard Marsden; £14.95; first edition 2006 by Sundridge Publishing, Richard-Marsden@ntlworld.com; ISBN 0-9551655-0-4.

'If you are in the Family Courts, or might be soon, this is a book that you must have. You must understand what is happening and what to do. ... [this book] tells you how to resist injustice and protect your interests. ... Easy to read. Easy to understand. Easy to use.', says the back cover.

Summary
248 A4 pages; softback; 1.025kg.

The book expounds a defensive strategy - let's call this the 'Marsden Strategy'. It proposes defending her divorce petition in order to: (i) minimise your costs, (ii) avoid her costs, and (iii) give yourself a firm negotiating position - offering to withdraw your defence in exchange for an 'all-issues' agreement - let's call that the 'Marsden Offer'. Other topics support this strategy. It also describes how you could protect your assets from your wife.

Subjects: legal basis of the divorce laws, overview of the process, the defensive strategy, representing oneself, finding a solicitor, negotiating, hearings, children, finance, appeals, applications, legal aid, costs, avoiding eviction, tactics in court, advanced tactics, extracts from the relevant laws, examples of documentation, protecting your assets.

It is indeed easy to read, easy to understand, and easy to use. Its radical approach is a brave first step at unravelling the divorce process and using it to your advantage. Brave because their are many dangers and some may be unable to live with these risks.

Qualifications
I believe the author successfully defended his wife's divorce petition (unreasonable behaviour) before negotiating an all-issues agreement.

I (the reviewer) unsuccessfully defended and cross-petitioned (unreasonable behaviour) my wife's divorce petition (unreasonable behaviour). After three directions hearings as Litigant-in-Person (LIP) and ten days before a contested divorce trial, I consented to divorce by 'undefended cross-petitions with no order for costs'.

Review
The book was my principal reference, but the Marsden Strategy did not work for me: I had already cross-petitioned and my attempt to force negotiation failed due to time and timing, knowledge, and planning; specifically:
* My Marsden Offer was made too late: she had already locked us into a court process.
* The pressure was having a damaging affect on my health.
* I was not sufficiently prepared for a contested divorce trial, especially documentation.
* I had given away key rights because of my unfamiliarity with the legal system.
* At the last moment I took professional legal advice which informed me that, either way, I could not really win a contested divorce trial because: (i) my defence and cross-petition were legally flawed; and (ii) if I lost then costs would probably be awarded against me, if I won or lost then the costs would come out of our assets anyway, and (iii) my wife's right to divorce me is greater than any rights that my son and I might have to hold the family together. The Marsden Strategy was, it turned out, inappropriate to my situation and persuing it cost me a great deal of time and money.

Applauds
The Marsden Strategy is creative and daring. Answering her petition (£150 in 2005) will certainly buy you time, experience, and options, and, perhaps most importanly, show your mettle. It takes advantage of judges' natural bias for the status quo.

Recommending using a solicitor only for advice and acting for yourself as a LIP, thus giving you more control and keeping your cost down.

Criticisms
In general: simplistic, unrealistic, reactive, much inappropriate content, heavy (should be A5 with smaller print) and no jokes!.

Simplistic because it omits many relevant details.

Unrealistic because it underestimates the size of the task and the court's wish to grant divorces whenever possible.

Reactive because it relies on her to make all the main moves.

Inappropriate content because, given most purchasers will have purchased the book after receiving their wife's petition, there will be little time to protect assets: the book should concentrate on divorce proceedings.

An appropriate approach is essential. However, the book does not adequately consider why one would want to defend a divorce (stay married, delay and frustrate proceedings, and/ or force negotiations?). Thus it needs a 'purpose' section to consider motives, aims, and objectives, which should inform on (i) your approach active or reactive, and (ii) whether to accept the petition unanswered, answer with a defence or defence and cross-petition, or some other action. It should encourage consideration of the 'whole picture' - divorce may be just one battle.

Cross-petitioning is not covered, nor are schedules of allegations and witness statements (by oneself). Cross-petitioning can be a waste of time and money. Do it: (i) only if you really want a divorce, (ii) you have a strong petition, and (iii) she has a weak petition (its particulars are severe, untrue and provably so, and significant to future child proceedings). It will weaken your negotiating position because you too will declare the marriage to have broken down irretrievably. You could withdraw your cross-petition and just defend, but this may weaken your credibility.

Some content is based on a small number of examples and is wrong; for example, the author says defending will buy you 'plenty of time', suggesting months, even years, but this was not my experience: the contested divorce trial was listed for four months after the first directions hearing, suggesting the judge may have fast-tracked my case to frustrate me.

Some of the language is out-of-date, for example, 'custody' and 'access' instead of 'residence' and 'contact' for childcare proceedings.

Too Brief
More is needed on:
* grounds for divorce: in general and effective defences.
* preparing documents: defences, cross-petitions, and witness statements: all should be carefully constructed (with a lawyer's help?) to avoid legal errors.
* court procedures, rules of evidence, communicating with the court.
* scheduling and the importance of timeliness: ensure you have the opportunity to negotiate! The best time to make a Marsden Offer may be straight after receiving her petition (but do still answer her petition!) and certainly before she or you requests 'Directions for Trial' to the court - after that you are both locked into a court process.
* child proceedings: residence, contact, and other related court orders: how they fit into the divorce process.

Not Mentioned
The warning signs of divorce.

Submitting an interim answer with a protest (She had months or years to prepare whilst you've had just four weeks.) and a demand for more time should give you the opportunity to resubmit your answer free of charge (and further delay proceedings): best to write to the court before the first directions hearing.

Offer law with respect to costs: putting in protection (a climbing metaphor). When the case is eventually settled, costs will take 'offer behaviour' into account, including: the offer history (who made the most reasonable offer - nearest the eventual settlement), and the legal knowledge of the person making the offer (favouring LIPs); offers must be legally valid - the Marsden Strategy's 'all-issue agreement', on its own is not.

When are cost payable and from who? Apparently they are payable as they are incurred and not at financial settlement (best for the lawyers, of course!); thus if you are still financially linked, they will effectively be paid from the joint assets - 'the pot'. This may completely defeats the object of minimising your costs.

The petitioner/ applicant to the court tends to control the issues addressed (divorce, finance, children). Of course it's best to agree as much as possible out of court.

LIP advantages include: 'leeway', the court will take into account your lack of knowledge of the law in case of costs, but you must have acted reasonably; see the Families Need Fathers (FNF) website.

LIP disadvantages; see the FNF website and above on advice-only solicitors.

Communication should operate at two levels: between husband and wife and between their lawyers, cross communication is difficult and therefore costly.

Mediation: the necessary negotiation for the Marsden Strategy may be best done with mediation.

Personal Tips
You must take professional legal advice before committing to the Marsden Strategy: this book or any book, any website, any 'friend' - even an experienced McKenzie friend - is not enough, and the error consequences may be severe. The strategy is new and untested.
For child proceedings: join and participate in FNF: you will soon make contact with knowledgeable and committed people willing to help you.
For financial matters: take professional legal advice for all but the simplest of situations.

Suggestions
FAQs, flow chart to illustrate the various parts to divorce legal proceedings and how they interact, legal terms in common use, for example, 'evidence-in-chief'.

The Way Ahead
This book is a brave start but it isn't enough. A networked support organisation is needed to help individuals with: planning an appropriate strategy, the Marsden Strategy, the 'solicitors for advice-only' method, inevitable knowledge gaps, and general help.

With a website, information can easily be added when it becomes available, typically after research and/or trial by a respondent. It could include factsheets, forms, and standard letters. Of course a responsible qualified person must monitor the integrity of the information.

Conclusion
I recommend this book as an aid but not a system: it is a useful reference but it is not a stand-alone procedure.

(2) The Which? Guide to Divorce

By Imogen Clout; £11.99; eighth edition 2005 by Which?. A comprehensive guide for divorcing couples using solicitors: a good starter and general reference.