Should family law be reformed? Resolution thinks so…
Resolution, which has 6,500 members including family lawyers and other professionals advocating for the constructive resolution of family disputes, has called for major overhaul to the laws surrounding divorce and separation with the launch of a new Manifesto for Family Law. Resolution describes the Manifesto as “a wake-up call for current and future politicians”.
The Manifesto calls for change in six key areas:
- Protect vulnerable people going through separation; including a proposal for a “family law credit” to cover an initial meeting with a family lawyer to help gather evidence that may be needed in order for a person to access legal aid, or to discuss the options available at the outset of a separation. Resolution also calls for the abolition of the £20 application fee and further collection fees to the Child Maintenance Service when child maintenance becomes a key issue during a separation involving children.
- Introduce measures to keep divorce out of court; including the renaming of Mediation Information and Assessment Meetings to ‘Advice and Information Meetings’ so that parties are clear that meditation is not the sole purpose of such meetings. Resolution suggests that Advice and Information Meetings should be made available before any application is made to court and that legal aid is made available for all dispute resolution options, not just mediation.
- Introduce a Parenting Charter to help parents understand their responsibilities when they separate. The Parent Charter sets out what children should be able to expect from their parents if they are separating and what separating parents need to do in the interests of their children.
- Allow people to divorce without blame. As the law currently stands, unless couples have been living apart for two years, in order to divorce, one party needs to aver some form of blame, adultery or unreasonable behaviour, on the other. Resolution claims that “divorce without blame” will increase the chances of success for non-court dispute resolution processes as it immediately puts both partners on a level footing”.
- Help people understand how their divorce will affect their future finances. The financial element of separation proceedings is very complex and uncertain for all parties involved. Parties often separate with little or no real understanding of the financial consequences of their break up. Resolution calls for the recognition and enforcement of pre-nuptial agreements, explaining that this “would provide certainty to people entering the courts that a previously-made agreement will generally be binding, unless it does not satisfy clearly identified criteria”.
- Provide at least basic legal rights for couples who live together if they separate. Cohabitating couples are commonplace in the UK, however the legal protection afforded to cohabiters is extremely limited, which becomes particularly poignant when they separate. Resolution call for change to cohabitant’s rights, including a right to apply for certain financial orders if the couple separate.
Resolution chair Jo Edwards explains that an overhaul to the divorce system is required to minimise any conflicts that arise during the separation process, encourage amicable solutions where possible and ensure that the needs of any children are put first. Jo Edwards states: “I’m sorry to say that, whilst families have changed, our laws have not.”
Many of the proposed changes in the Manifesto have been suggested to politicians on occasions before now. However it would require the Government to introduce these reforms and many of the suggestions have been talked about for several years already, in particular the call for greater rights for cohabiting couples.
Partner
Family Law
PLancaster@LawBlacks.com
0113 227 9285
View profile
Paul Lancaster
