Family Law organisation calls for changes to be made to divorce laws
In February this year, Resolution launched its Manifesto for family law in Central London. The Manifesto set out what the next government should do to help improve the lives of couples who have either separated or are separating across England and Wales.
Stating that divorce and separation issues directly affect hundreds and thousands of people in England and Wales each year, Resolution believes the laws are "distinctly "unmodern" and need to "catch up quickly".
Current laws act as 'barriers' in constructive divorce outcomes
Resolution, which comprises of family lawyers and other professionals committed to the constructive resolution of family disputes, says that current laws are often barriers in finding constructive divorce outcomes.
Condemning the current divorce system, Katherine Kennedy, a family lawyer and member of Resolution, said:
"The fact is that, despite the family justice system going through a period of huge transformation in recent years - not least with the devastating cuts to legal aid - the laws governing it are woefully outdated, inadequate and unfair to many people.”
Resolution's Manifesto mapped out six key areas of current divorce issues which are in "desperate need of change".
- .To protect vulnerable people who are going through separation
- Implement measures to help prevent divorce going to court
- Introduce a 'Parenting Charter' aimed at helping parents understand their responsibilities to their children when they divorce or separate
- Enable couples to divorce without blame
- Introduce ways that will give people greater understanding of how their divorce is likely to affect their finances in the future
- Provide basic legal rights for couples who live together if they separate
In addition to urging the next government to implement those key areas of change, the Resolution's Manifesto also wants to see a family justice system that:
- .Offers support through relationship breakdown
- Puts the children's best interests first by providing help for separating couple to mutually work together for the sake of their children
- Offers fair and lasting outcomes on relationship breakdown
- Protects those at harm or suffering domestic abuse
According to Resolution, despite repeated calls for divorce laws to be reformed in England and Wales, particularly in the realms of losing the culture of blame and rights for couples that live together, laws have remained unchanged.
Divorce without blame
Unlike many other countries which have a divorce without blame system, England and Wales does not operate divorce laws in which a partner is at fault.
This is despite the fact that the Family Law Act 1996 introduced no fault divorce in England and Wales. However, the next government decided to veto the change and that part of the Act was never implemented. Consequently, couples wanting to divorce and who haven't been separated for at least two years, have to assign blame, even if both spouses agree to the divorce.
"In a sense, what we're calling for is nothing new. Successive governments of different political compositions have failed to address these issues”, said Resolution.
With the May general elections looming, it begs the question - Will the next British government finally overhaul laws surrounding divorce and separation in England and Wales that are referred to as 'outdated', in favour for more progressive and compassionate new ones?
We would like to add that Tracey Miller is Chairperson for Resolution in Merseyside. It is part of the Tracey Miller Family Law ethos for changing divorce and separation laws in England and Wales for the better.
If you have any questions, concerns or queries related to divorce and separation and would like to talk to a professional, friendly and experienced family solicitor, get in touch with the Tracey Miller Family Law team.