A law exists in the American States of North Carolina, Hawaii, Illinois, Mississippi, New Mexico, South Dakota and Utah. It is called "alienation of affection". The wronged spouse has to prove that love in marriage was alienated and destroyed by Defendants on conduct.
In tabloid language it would be described as a "charter for scorned husbands and wives". In North Carolina alone, some 200 such cases are filed each year. In 2001, a husband was awarded £300,000 for his "injuries". More recently the case of Cynthia Shackelford hit the headlines. Partly this is because her husband was a Lawyer. Partly it was because the mistress was a private school head teacher. Specifically it hit the headlines because a jury ordered Cynthia an astonishing £6 million in damages for the destruction of her marriage. The mistress argued "I certainly don't have that kind of money, nor will I ever." Cynthia's Lawyer admits that actually getting the whole payout will be difficult. However, Cynthia clearly has won things other than money. She has had social validation of her status as a wronged woman and has had that status legally proved in a Court. Cynthia herself put it "my main message is to all women out there who might have their eyes on some guy who is married - don't come between anybody".
This, as you probably know, is not possible in English divorce law. We try and head in the other direction. We are trying to promote consensus. We are trying to prompt emotional closure, clean slates, and parties being on reasonably good terms post divorce. As we know there is a good business case for preserving a family's assets and keeping everyone emotionally healthy, so that their work life isn't wrecked. However consider also this: now Cynthia feels vindicated, might she feel better for the rest of her life? Will £6 million really make her wake up in the morning without hatred burning in her head? (Thanks to Lisa Collette for the source of material) Any of you is welcome to send in Family Law stories that may be of general interest. In the meantime you are reminded that you should tell your colleagues and customers about Collaborative Family Law when their relationships hit the rocks, to preserve them for you, and get them back on their feet. Please don't advise them to move to North Carolina!
