Resolution has responded to the Law Commission’s scoping report on the laws governing finances on divorce and the ending of a civil partnership.
Jo Edwards, Chair of Resolution’s Family Law Reform Group says: “Resolution welcomes today’s report and the thoughtful work the Law Commission has done, with which we engaged over the last 18 months and to which we await hearing government’s response in due course.
“Whilst it is true that legislation in this area is over fifty years old, how it is implemented in practice has moved forward significantly in those years to reflect societal changes. 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. It also gives those who don’t go to court a framework within which to agree something which is fair in their circumstances. One of the key statements of the report correctly identifies the challenge for Government: how to promote increased certainty without losing that flexibility and ability to craft fair outcomes.
“Our concern is that any moves to too rigid a system could act as a straitjacket, placing restrictions on judges and a default framework which could actually lead to less fairness for many. The lack of access to early legal advice is a fundamental flaw in the current process; if policymakers were to address this, then couples would have a greater understanding of likely outcomes and what their future finances may look like under the current law.
“It is also important to note that, whilst it is right that we should keep the laws surrounding divorce and separation under review and ensure they continue to be fit for purpose, this was not an area identified by Resolution members as a priority for reform when we launched our Vision for Family Justice last year.
“Resolution is committed to engaging with any Government work arising from this report, and any suggested reforms should be evidence-based and relevant to the average couple. We are also clear that it should not detract from nor delay more urgent reforms, most importantly the introduction of legal protections for cohabitants, which was a manifesto commitment from the current government in this year’s election.”
