Bring in blame-free divorces and rights for cohabitants, says law body
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Version 0 of 1. Blame-free divorces and fairer property rights for cohabiting couples should be introduced as a matter of urgency, a leading family law organisation has urged. In a manifesto aimed at influencing parties in the runup to the general election, Resolution, which represents lawyers and professionals dealing with divorce and separation, has called on politicians to tackle problems that successive governments have neglected to resolve. The report highlights six areas where it says laws affecting how couples and their children separate are “unmodern” and in desperate need of change. The manifesto states: “We have a divorce system focused on blame,” provides “little support for vulnerable people going through a separation; restricted access to alternatives to court; a lack of financial clarity for couples on divorce; and no legal protection for people who split up after living together.” Parting couples consequently cannot focus on the needs of any children they have, Resolution warns. According to the latest official statistics, there are about 118,000 divorces a year. Nearly half of those divorcing have at least one child under 16; the most common age for divorce is 44. The number of cohabiting couples rose from 2.2m in 2003 to 2.9m in 2013. Launching the manifesto, Jo Edwards, a solicitor and Resolution’s chair, 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transformation in recent years – not least with the devastating cuts to legal aid – the laws governing it are woefully outdated, inadequate and unfair to many people. “Successive governments of different political compositions have failed to address these issues. Divorce without blame was actually provided for in the 1996 Family Law Act, but was never enacted and actually repealed last year. “We still have this charade of having to assign blame [adultery or unreasonable behaviour] if you want a divorce and haven’t been separated for at least two years – even if both spouses agree their marriage is at an end. “This is a huge barrier to amicable dispute resolution and unnecessarily introduces conflict into the process. There have been repeated calls for no-fault divorce from the judiciary and policy makers. Whilst families have changed, our laws have not.” In 2007, the Law Commission recommended reforming the laws that apply to cohabitants if they separate but no legislation followed. There are nearly 6 million unmarried people living together, many under the illusion that they have the same rights as married couples if they separate. Resolution is calling for a legal framework of rights and responsibilities for unmarried, cohabiting couples to provide some legal protection and secure fairer outcomes at the time of a couple’s separation or on the death of one partner. The other priorities, identified by Resolution, are providing free initial advice to those separating so they can discuss options with professionals; making mediation more widely available to enable couples to avoid court; introducing a ‘Parenting Charter’ to help parents understand their responsibilities when they separate; and giving greater financial information for those entering into divorce. The removal of legal aid from family law cases has led to a rise in unrepresented litigants with more than 50,000 people representing themselves in family disputes in 2013, Resolution says. |