May 28, 2019 | Posted by : J Morris
On the 9th of April this year, the
government announced new legislation to overhaul divorce laws and offer the
option for ‘no fault’ divorce with the aim of reducing family conflict and
simplifying the process of separation for couples who do not wish to assign
The focus of the reform is to minimise
animosity, acknowledging the fact that sometimes a breakdown in marriage is not
necessarily due to specific actions of either party, and laying blame often
creates unnecessary hostility and acrimony during an already difficult time.
Particularly where children are involved, the need for a more positive,
cooperative approach is clear, allowing couples to reconcile if possible, and
move forward with a constructive outlook for the future.
Here’s an ...
January 25, 2019 | Posted by : J Morris
Family law organisation Resolution is campaigning to change UK divorce laws to allow couples to separate without laying blame. 90% of Resolution members agree that no fault divorce ought to be an option for separating couples, enabling them to split without apportioning blame and reduce the length of the process.
According to a survey of Resolution members:
90% agreed that current laws make it more difficult for family law professionals to reduce confrontation between couples.
67% said that a blame-based system makes it harder for separated parents to reach a positive resolution about children’s arrangements.
80% believed that no-fault divorce would increase the likelihood of couples reaching an agreement out ...
May 10, 2018 | Posted by : J Morris
A recent report by the Nuffield foundation reinforces the argument that UK family law is in need of a ‘no-fault’ option for divorce, and that the current imperative to assign blame only leads to animosity during court battles between separating couples.
The study, led by Professor Liz Trinder at Exeter University, looked at 500 divorce cases and discovered that many “defended cases are triggered by the law itself” which requires couples to provide grounds for divorce that assign blame to one or other party. Three of the five grounds for divorce include allegations of fault, either due to adultery, behaviour, or desertion. Disputes of this kind inevitably become centred around ...
January 13, 2018 | Posted by : J Morris
If you’ve made the decision to separate, you may be feeling a bit overwhelmed about what to do next. This is totally understandable – it’s a huge decision, and there are so many logistics to consider, but you don’t have to go it alone.
The first step is to find an experienced solicitor to talk over your options. Going to court is not the be-all-and-end-all of divorce – there are a variety of alternatives that cost less, are more flexible, and allow you to work collaboratively with your ex.
Under current UK family law legislation, there is, unfortunately, no option for divorce without blame, but there are ways to approach separation ...
November 09, 2017 | Posted by : J Morris
Reduction in legal aid has led to increase in DIY divorce as couples attempt to negotiate the terms of their separation as litigants in person (LiP). This has led to concern over a lack of support and 'impossible' court delays due to the difficulty in dealing with the strain of handling their own case. Family law professionals and organisations such as Resolution have spoken out about the difficulty faced by LiPs, and the need for legal aid as well as an option for couples to choose no fault divorce.
According to the latest Ministry of Justice report, over a third of divorce-related disputes now involve unrepresented litigants – ...
July 18, 2017 | Posted by : J Morris
The latest statistics from the Office for National Statistics (ONS) report a decrease of 9.1% for UK divorces in 2015 compared to the previous year. The report showed that divorces of opposite sex couples has declined by 34% since a recent peak in 2003, and the divorce rate was highest among couples aged 40-44. In total, there were 101,055 UK divorces between opposite sex couples in 2015, and 22 divorces of same sex couples (following the passing of legislation to allow same sex marriage and divorce in England and Wales in March, 2014).
Nigel Shepherd, chair of family law organisation Resolution, commented on the report, suggesting that these ...
May 23, 2017 | Posted by : J Morris
Experts from a number of institutions are collaborating to research the UK divorce process in the first major study for 30 years. Researchers from the University of Exeter Law School, Bryson Purdon Social Research, One Plus One, Resolution and Wikivorce are working together to look at the current family law system by examining hundreds of divorce cases, conducting nationwide surveys and focus groups, and interviewing divorces and family lawyers.
Initial findings suggest that ‘behaviour’ is an inadequate option for choosing grounds for divorce for many couples, unnecessarily assigning blame to one or both parties and causing greater conflict throughout the separation process and beyond. In 2014 there were approximately 110,000 divorces, 48% of which cited ‘behaviour’ as the reason for ...
May 23, 2017 | Posted by : J Morris
National chair of family law organisation Resolution Nigel Shepherd is calling for UK political parties to make a commitment to modernising the family law system in the run up to the general election.
With another election fast approaching, Resolution has put forward four proposals regarding changes to family justice, focusing on the introduction of no-fault divorce, greater legal rights for cohabiting couples, increased access, and financial clarity for those going through separation.
The four proposals encourage representatives to make a commitment to:
Allow couples to divorce without blame.
Give cohabiting couples, who make up 10% of the population, some basic legal rights.
Ensure there is fair access to the family justice system.
Give people more financial clarity on divorce.
According to Mr Shepherd’s ...
August 27, 2015 | Posted by : J Morris
Recent reforms encouraging couples to take divorce out of court and deal with relationship disputes in regional centres via mediation have come under fire by Ann Widdecombe, who has criticised the proposal as making ‘a nonsense of marriage.’ Widdecombe believes that ‘the state should send out much stronger signals on support for marriage’, suggesting that separation has become as meaningless as ‘discarding an old carrier bag.’
Sir James Munby, president of the Family Division of the High Court, called for the changes in order to relieve stress and delays in the family courts, especially in the case of uncontested divorces ...