Resolution proposals for ‘divorce without blame’

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Resolution, a body of family law professionals, campaign for better laws, facilities and support for those involved in family court procedures.

In a commission on access to justice, Resolution voices concern regarding the failure of current laws as well as providing practical solutions to the problems many face when enduring family changes. A main proposal is to introduce a no fault divorce system, replacing the need for one party to place blame on the other. This is said to often cause conflicts and can make coming to an amicable decision about family and financial arrangements difficult therefore, delaying proceedings. It is described in the proposals as ‘a new divorce procedure, where one or both partners can give notice that the marriage has broken down irretrievably. The divorce can then proceed and, after a period of six months, if either or both partners still think they are making the right decision, the divorce is finalised.’

In addition, they recommend a legal aid campaign to make professionals more aware of the options available so vulnerable people do not miss out on essential help. Building on the idea of access to justice, they propose the evidence requirements for legal aid be extended so that GP letters and injunctions would be sufficient evidence of domestic abuse. For financial abuse, these would not apply so a statement from the client should also be sufficient evidence. They claim by extending these requirements, those suffering from abuse will not be restricted to accessing justice by strict evidential criteria.

To read more, please visit the Resolution website.

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