What If Henry VIII Had Known About The Divorce Surgery?

In the first, and in all probability last, in our series about how the course of the world might have changed if The Divorce Surgery had existed sooner, we examine how the butterfly effect of Henry VIII’s hardline approach to marital breakdown led to unimaginable consequences for the western world.

A 33% beheading ratio was always likely to end in trouble, but how much exactly? Of course Henry carried the worldview of an absolute monarch born in 1491, but what if he and his spouses had treated divorce constructively, as a shared problem to be addressed together, rather than merely someone’s fault? What if they had been provided with the legal tools to reach a fair outcome, following a confidential Advice Session with one of our expert and specialist family law barristers in comfortable surroundings and with good coffee, at a time of their choosing?



The evidence from the breakup of Henry’s first marriage to Catherine of Aragon in 1525 suggests that Henry was initially prepared to embrace his own, admittedly rather unique form of non-court dispute resolution in order to marry Anne Boleyn. The facts are well-known: having married his late brother Arthur’s widow following special permission from Rome, in 1527 Henry unsuccessfully attempted to persuade Pope Clement VII that Rome had never had any such authority. With this very public manoeuvre, all hope of a consensus-based solution with Catherine was lost. Proceedings were to drag on for a further 6 years, to their mutual regret.

Unfortunately for them both, back in the 1520s our award-winning ‘One Couple One Lawyer’ process was still half a millenium away. Moreover, Henry’s kingly patience seems to have been exhausted by the delays he experienced first-time around, fuelling his appetite for a rather more ‘summary’ process in later years. How could The Divorce Surgery have helped?  We suggest three ways:

Reducing Conflict

The practicalities of the break from Catherine brought in its wake some rather considerable collateral damage, starting with the Reformation, the break from Rome and the dissolution of the monasteries, to say nothing of the personal suffering involved. Would any of this have happened if Henry and Catherine had taken early joint advice at the outset, from experts who are leaders in their field? Fearing strategic isolation from England’s continental rivals, Henry famously increased the size of the navy tenfold, thus ushering in a period of maritime domination which was to last for centuries. Would there have been a sea-dependent British Empire otherwise, with all of its consequences? Would there have been a culture of British exceptionalism? Would there have been a Brexit?

Even if you are not persuaded that The Divorce Surgery could have turned the tide of European history, do consider whether our process can help you or someone you know for the future. Divorce is a fact of life in 42% of UK marriages. We should all be striving to ‘divorce well’ with a minimum of acrimony, particularly where there are children involved. Our process invites separating couples to take responsibility together for the type of relationship they want for the future.

Saving Time

Henry’s marriage to Catherine of Aragon was effectively over by 1525, yet it took a further 8 years of uncertainty and emotional and financial expense before Thomas Cranmer was able finally to declare the marriage null and void at a specially convened court hearing at Dunstable Priory in 1533. The contrast with our standard 6-8 week process could hardly be more stark. It is true that second time around Henry elected for an expedited court process, that saw Anne convicted of treason and incest on flimsy evidence and then executed in May 1536, barely a month after her arrest. #5, Catherine Howard, was despatched with similar efficiency in 1542. Be under no illusions that these timescales are not typical of today’s Family Court, however. The standard time taken to conclude a UK divorce is 14 months, a statistic that will not have been helped by the pandemic.

Cutting Costs

Henry’s extravagance is well-documented. At the ‘Field of the Cloth of Gold’ in 1520, Henry entertained Francis I of France at an extraordinarily lavish 18 day festival, complete with a vast, temporary palace. The English alone reportedly consumed 200,000 litres of wine and 66,000 litres of beer. The annulment of Henry’s ill-conceived fourth marriage to Anne of Cleves (reportedly arranged on the back of what was effectively a misleading 16th century tinder profile, courtesy of Holbein) was greased with cash, land and property including Richmond Palace and Hever Castle in Kent. With these sorts of outgoings, we can only imagine Henry would have been attracted to our charging structure, in which he and his spouse would have been provided with a fixed fee quote for the entire process before committing. No-one likes spending money on the process of separating. We allow you to control your costs, without compromising on the quality of the advice.

Next week (maybe): how Johnny Depp’s laundry bill could have been slashed if only he’d known about The Divorce Surgery. 


If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.uk.


Author Name: Editor
admin Published content by The Divorce Surgery Editorial Team.

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