Policy Activity & Consultation Responses

Here’s some of our Policy highlights from 2024.

Building on and promoting our Vision for Family Justice

Our ‘Vision for Family Justice’ sets out where and how changes need to be made to address the current issues facing the family justice system. During 2024 we continued to build the case for cohabitation reform, which was a commitment made in the present government’s manifesto for the General Election.

Cohabitation Roundtable Event

We hosted a positive Parliamentary roundtable event in November, to kick-start initial discussions about what cohabitation reform may look like. This was attended by the Family Justice Minister, the Chair and members of the Justice Select Committee, and other MPs.

Divorce Application Fee

We successfully argued that the divorce application fee should not be increased further last year. Resolution feels strongly that any court fees associated with relationship breakdown should not lead to profit for HMCTS. This is especially so in relation to fees for divorce, nullity or civil partnership which must already be at a level significantly above the cost of the service.

Domestic Abuse in Financial Remedy Proceedings

Our Economic Abuse Working Party developed and published Resolution’s groundbreaking and well received report on the interplay between domestic abuse and the treatment of finances on separation and divorce. The working party commissioned a survey to understand the reported incidence of domestic abuse, and to consider what impact any abuse has on the outcome.

Early resolution 

Further to consultation responses from Resolution and others, the then government decided not to change the law to introduce a requirement on parties to attend mediation before applying to court, focusing instead on NCDR changes to the FPR and reforming the private family law process to make it less adversarial with a greater emphasis on the voice of the child.  The potential benefits of early legal advice in supporting families in resolving their disputes was also acknowledged.

Gateway to private family legal aid 

Our Legal Aid Committee contributed to a further Ministry of Justice review of gateway evidence which it is hoped will result in positive changes to the domestic abuse evidence requirements from mid 2025.

Law Commission’s scoping report

We and many members engaged with the Law Commission’s scoping project on assessing the reform options for the laws governing finances on divorce and the ending of a civil partnership. Our members’ experience is that the element of judicial discretion within the current system builds in enough flexibility to ensure fair outcomes in most cases.

In 2024, Resolution responded to the following consultations:

We responded on behalf of members to various consultation papers including the MoJ’s review of civil legal aid call for evidence, seeking measures to improve the sustainability of both family legal aid and legally aided family mediation, as well as to make the delivery of legal aid services economically viable for providers – as set out in our Vision for Family Justice.