Magnus Linklater
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Divorce,” said the writer Al Alvarez, “is the one certain experience of pain that is democratically available to everyone.” The pain is no worse and no better just because £55 million is at stake, though that can certainly add to the bitterness. According to Alvarez, who wrote a book about divorce after the break-up of his own marriage: “The quest to retrieve possessions is also a search for bits and pieces of your former self.”
Whatever is going on behind the doors of the High Court in London, the insult-littered divorce of Sir Paul McCartney and Heather Mills not only stands as a bleak postcript to an unhappy marriage but confirms the general view that divorce is always a grasping, point-scoring process of retribution, an act of revenge by one side for the injuries or indignities suffered at the hands of the other. Because no celebrity split is complete without a full confessional in Hello! or a tear-stained TV interview in which damaging allegations are exchanged as part of the build-up to a six-figure court case, the general assumption is that this is the way all marriages end.
There are, however, good divorces as well as bad marriages, and, since one in four of the latter ends in a version of the former, it is as important to find out what makes a satisfactory divorce as it it is to lay the foundation of a healthy marriage.
One way of achieving that might be to introduce an idea that sounds, on the face of it, an invitation to disaster but could be the passport to ensuring a soft landing for even the most unrewarding relationship. As well as entering a prenuptial agreement that settles the money side of things, a couple contemplating marriage would draw up a pre-divorce agreement to take care of the emotional aftermath, should things end badly. By recognising in advance that bitterness, resentment, recrimination and blame are all too often part of a failed marriage, the couple would agree to set them to one side in the interest of the children - if there are any - and their own sanity, if there are none.
To this end the language of divorce settlements would have to be avoided, and emotive words like abandonment, adultery, alimony and affidavit would be replaced by gentler terms such as respect, consideration, collaboration and absolute objectivity in reaching the best possible outcome for all parties. Instead of referring to the “divorced” couple, the family would become a “binuclear” one. Lest these seem a little wishy-washy, they would be backed up by a hard and fast agreement, drawn up, witnessed and, if necessary, signed in blood before the happy couple walks up to the altar.
If anyone detects an American influence here, they are right. The Good Divorce, by Constance Ahrons, now 14 years old but still updated and used as the bible of breaking up, is based on research into family break-ups carried out at the University of Southern California, a place with more than its fair share of divorces. An emeritus professor in the department of sociology, Ms Ahrons is more famous these days on TV programmes like The Oprah Winfrey Show than for her academic work. But what she suggests is ultimately only common sense.
Couples who have separated with dignity remain not only closer to their children, but civilised in their dealings with former partners. The Royal Family, routinely castigated for its dysfunctional relationships, boasts one divorce that could have sprung straight from Ms Ahrons' book - Sarah Ferguson and the Duke of York, despite their separate lives, are on good terms with their children and each other. Tilda Swinton, a Bafta winner this week, though separated from her husband, the playwright John Byrne, still lives under the same roof as him, with their children; and, for all the seething hysteria of Hollywood life, Bruce Willis and his former wife Demi Moore are on good enough terms for him to attend her subsequent wedding, and - though I may be ahead or behind in this - her to attend his.
Although cases such as the McCartney-Mills divorce dominate the headlines, in real life such public acrimony is less common. When Ms Ahrons began her research work, she found that out of 98 families randomly selected from the divorce records in one Wisconsin county about half of them had what might be termed “good” divorces, based on co-operation rather than antagonism. She argues that two people who have a child together can remain a family for that child, even if they choose not to be married. Whether they can raise their children successfully depends to a large extent on their ability to form a good post-divorce relationship. That may require skills that do not sit easily with a failed marriage, such as coping with anger as well as developing goodwill in the place of bitterness and hostility. But even the most antagonistic couple, she contends, can learn to form a civil and friendly, if limited partnership. A bonus for those who build such a relationship is that they are more likely to have happy second marriages.
I doubt if many lapsed marriages will need to go so far as the young Russian couple from the Moscow State Circus, who are going through the process of separation during their current tour of the UK. They have a crossbow act that involves her shooting an apple off her husband's head each evening; just one slip would certainly be fatal. That should certainly concentrate his mind, if not hers, on reaching an amicable settlement. For most couples such extreme measures will be unnecessary. However, a piece of paper setting out their aims and intentions before they reach the parting of the ways would help to introduce a similar degree of precision to a process that is otherwise fraught, confused and deeply damaging.

Magnus Linklater's journalistic career spans 40 years, taking him from editor of Londoner's Diary at the Evening Standard to editor of Spectrum and the Colour Magazine at The Sunday Times and editor of The Scotsman. He joined The Times in 1994 and writes a weekly column on Wednesdays. He was chairman of the Scottish Arts Council from 1996 to 2001, and often writes on Scottish issues
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Why, for goodness sake, are people still getting married? What's the point?
You can stay together forever without marriage - why bind yourselves legally and expose yourselves to the emotionally and/ or financially crippling experience of divorce?
The only benefit of legal marriage is that one partner gains legal rights to the other's finances. Hardly an attractive basis for a loving partnership. And one that often leads to unfairness. Why, for instance, should a footballer's-wife-type person (male or female) be entitled to the same payout as someone who puts in long hours working in the home or office?
David Space, London, UK
The real answer is to divide assets based upon contribution. When one partner stays home, the value of their contribution is the going rate for a live-in nanny/child minder/house keeper. Technically the loss of that partnerâs financial contribution during the stay at home period should also factored into the equation. Your inane British family court system (best recognised internationally as a true legal abomination) should be dragged kicking and screaming into the modern era of gender equality â you know, the one where everyone is genuinely equal. Nothing wrong with equal responsibility commensurate with equal rights. The pretence that brain surgery and child minding are of equal value to the ASSETS of a relationship is even less rational than ânationalisingâ your failed banks. Your system is clearly well-geared to PUNISH the person who actually works and contributes the most to the âmarital assetsâ (and I suspect society as well), while concomitantly rewarding the person who selfishl
Celia, Atlanta, GA
I think that divorce is such a complicated and completely *subjective* process. No one but the parties involved know all of the details and no one divorce is exactly the same in circumstances and details as another.
I just think that we, as a people, are moving forward with the acknowledgement of divorce as a solution to a problem and not a taboo. Divorces will always be complicated and stressful, but as time passes I think we will get advance as we have so much in the past few years in terms of divorce in general. I work for www.firstwivesworld.com, it is an online community for women navigating through the various stages of divorce and life thereafter. I see firsthand how people are able to positively move through this process and live beyond.
Just my two cents
Ann Marie
Ann Marie , Middletown, DE
It matters not what the public think of Heather McCartney, Paul McCartney loved her enough to marry the woman and he should do what is right in divorce. Or does he plan on taking his £800 million to the grave, because he isn't going to be able to spend it before he dies. So Mr McCartney, show the world you are a man, pay up, put it all down to a bad experience and move on.
Solicitors should never be involved in divorce, they are just parasites of misery whose aim is to get a third of the pie.
David Thijm, Stourbridge, UK
I think its all pure greediness. Celebrities or not, you have pride and dignity which is worth more than millions of pounds. I am divorced and did not ask for a penny as I work hard, and I have self respect. I moved on, and I am on friendly terms with my ex. If only people realise that dignity is worth than 100 millions, they will stop fighting and the world would be a better place. Surely no one needs 100 million to live on.
Mrs P Webster, London,
Wow! You men really have it hard when it comes to divorce!
As a woman who has raised a child with minimal involvement from my ex and not a drop of child support, I really bleed for you!
I'd cry but I'm all cried out from 60-hour work weeks.
What with all this feminized justice system you have in UK, as posted above (what percentage of judges and laywers are women , by the way?) you ought to start a revolution.
Anna, California, US
What bitter men we have posting replies here. There is nothing "feminized" about the judicial system - unless you hold the view that a marriage is a partnership only to the extent that the man should have all the power in that partnership. Pre-nuptial agreements are increasingly recognised, but the only way they can definitively become binding is if the government legislates so. I also think that people are more than capable of being bitter and vindictive without any help from their lawyers, it just absolves their conscience.
Not sure about the idea of pre-divorce agreements though - at what stage do people go for them? When they are happily married, in which case I can't see anyone going out of there way to agree something like that (and why not get a pre-nup in that case?). And if their relationship is on the rocks, then it will more than likely end up a divorce - and if the bitterness is there on divorce, it would be likely there when working out what would happen on divorce
James, London,
Two suggestions on the road to civilisation:
* Remove "till death us do part " and all other such phrases denoting permanence.
* Go for fixed term marriages at the outset.
These would ensure that no-one made the mistake of believing it might last for ever.
David Williams, Eastnor, England
I've been through two 'good' divorces (ahem).
What is the point in making the partings hell? After all- if you can't get on, then splitting is surely giving you the freedom to be released from the awful relationship?
My second divorce was after a long and totally awful relationship. What I didn't know is that I'd been cheated on for 3/4 of our time together- I only found out after the Decree Absolute. I was completely cuckolded and the man I married was arrogant and astonishing in his stupidity- yet I managed to be civil throughout the divorce. It's the only thing to do. Not only that, but I processed the divorce through the system myself, saving lawyers' fees and giving me the advantage of understanding the process.
There were children involved although they were both his- yet I raised them as my own-and we do stay in touch.
It's difficult, no doubt about it. But the real question is- can you behave like a grown-up? There truly is satisfaction in rising above the situation.
Cathy, Crawley,
Mike in Malaga - you need to study the (A implies B) doesn't necessarily imply (B implies A) law of logic. Ahrons suggests that a prenumptial agreement should aid a peaceful divorce. If two people have a peaceful divorce, it doesn't necessarily mean they need a prenup to do so.
As for Charles, please do something about warning your brother-in-law!
Colin, Cambridge, UK
I know a lot of divorced people, but I've yet to meet a woman raising the kids who screwed over the husband with the money. I must travel in different circles. In my own case I will always support my ex after the kids have left for as long as I am able. We were together for 20 years and I am as much responsible for her well being as I am for my children. We made a decision early on to persue my career and raise our kids. If the shoe was on the other foot (which it isn't), I think she would do the same for me. You walk through life one time. I want to hold my head up, while I'm doing it.
Larry, stratford,
I don't know if it is the same there, but here in the U.S., I have to lay some blame on the lawyers handling divorce cases. I know from experience that even when couples want to part on as friendly terms as possible, their respective lawyers want to foster and encourage a combative mentality. Until something is done to change the mind-set of the legal system, couples who are divorcing are going to have a very difficult time keeping a cool head while dealing with both the emotional trauma of a split and lawyers who want to encourage them to think of their former marriage partners as enemies to be routed and plundered.
Merrilee, Memphis, USA
Seems like if you can live under the same roof as your former spouse, raise children, and be good friends, you probably shouldn't have gotten divorced. I'm glad divorces are acrimonious, it counters the our disposable, consumerist culture that sees marriage as something to get out of when you get a little bored.
Doug, London,
what a profound article.
"if only we could be nicer to each other and treat people with respect and dignity the world would be a better place."
why didn't someone think of that before? perhaps aloing the lines of "do unto others..."
JR, London,
"Sarah Ferguson and the Duke of York, despite their separate lives, are on good terms with their children and each other."
And did they draw up a pre-nuptial agreement and pre-divorce agreement à la Ahrons?
Mike , Malaga, Spain
Entirely reasonable suggestions that will surely go nowhere until pre-nups are properly recognized by the British courts. That seems to be an unlikely prospect, as the "justice" system is so feminized, and pre-nups are, peculiarly, seen as benefitting men.
Nick , Rotherham, UK
Having expierience it I believe that most of the antagonism and aggro is fueled and provoked by the legal teams and solicitors.The more aggro they can create lengthens the case and thereby increases their costs.I know through bitter experience and my cost.Surely counselling as a first step should be an obligation before the solicitors are allowed to be involved.
tony, alicante, spain
You seem to be missing a very important point. Sir Paul has not said one word about Heather Mills since they have separated. All the public insults are very one sided. You made it sound like they both embarrassed themselves on tv and posed with a sad face for Hello. The only one who did that is Heather Mills. One of the big problems with "celebrity" divorce is the coverage, and you proved my point.
Denise Cording, New Jersey, USA
Magnus completely misses the point, because for some women, like my child abusing sister in law, (who got custody,) the aim post divorce is not to calculate what one might need, or want for the future, but to hurt their ex husband as much as possible.
Some women are so ingrained with the "now we're not married I might as well take everything he has" spite that an amicable divorce isn't possible. In my sister in law's case it's in the genes, for her sister too is planning to leave her husband (in 4 years when the child is schooled) for a guy she knew at school. She even conned her chap into a huge article on their successful business in your own newspaper, so when she leaves him she will be able to recall on him saying things like "I'd be nothing without my wife." Of course she's not done anything at all, but what man when faced with a question "what did your wife contribute?" would answer honestly. It's a pity he doesn't know what's coming.
Charles, London,