Policy update: Our 2024 policy work in review
Welcome to a new regular update in The Review about Resolution’s policy work. As readers will know, our members have been at the forefront of policy development and calls for law reform, most notably in calling for the introduction of no-fault divorce. At the heart of our work is looking at further ways to improve the family justice environment in which our members work, to help you provide more support to the people you help every single day.
Here’s some of the 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.
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.
Consultation responses
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.
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.
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.