Midland lawyers from Resolution, which represents family justice professionals committed to solving family disputes constructively, have called for sweeping changes to the laws surrounding divorce and separation, following the launch of the organisation’s Manifesto for Family Law.
Family lawyer and Resolution member Katherine Kennedy, an associate at the Birmingham office of law firm Mills & Reeve, said: “Divorce can be one of the most traumatic life events a family can go through, and we all have a responsibility to ensure it’s dealt with in a way that minimises conflict, encourages amicable solutions where possible, and – most importantly – puts the needs of children first.
“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transformation in recent years – not least with the devastating cuts to legal aid – the laws governing it are woefully outdated, inadequate and unfair to many people.
“With nearly a quarter of a million people getting divorced each year and around 100,000 children seeing their parents divorce, our laws are in desperate need of change.”
Resolution’s manifesto is asking the Government to: protect vulnerable people going through separation, introduce measures to keep divorce out of court, introduce a Parenting Charter to help parents understand their responsibilities when they separate, allow people to divorce without blame, give people more financial clarity on divorce and provide basic legal rights for couples who live together if they separate.
Resolution claims laws have gone unchanged despite repeated calls for reform, particularly around the issues of assigning blame in divorce and rights for cohabiting couples.
Ms Kennedy said: “What we’re calling for is nothing new. Successive governments of different political compositions have failed to address these issues.
“Both myself and my family law colleagues in the West Midlands see the fallout to families caused by these outdated laws.
“It’s hard to believe that in 2015 we still have this charade of having to assign blame 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.
“It makes it much harder for people to resolve their dispute and introduces conflict into the process.
“In 2007, the Law Commission recommended reforming the laws that apply to cohabitants if they separate.
“We now have nearly six million unmarried people living together in the UK, many of whom are still under the illusion that they have the same rights as married couples if they separate.
“While families have changed, our laws have not.”
She added: “Our Parenting Charter aims to remind divorcing or separating parents that children are individuals with their own rights to information and a voice during the separation process.”
“Ultimately, a high conflict divorce, which is encouraged by the system, often sees children caught up in adult disputes. This can have repercussions for children that will last for life.”
