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No-fault divorces and increased legal rights for cohabiting couples should be introduced without delay according to a leading organisation within the field of family law.

Resolution, who serve as a representative organisation for solicitors, online divorce companies and other institutions have claimed that the law concerning divorce must change and that cohabiting couples should be afforded similar rights to married couples in a report designed to influence political parties in the build-up to the general election.

The report claims that the laws that govern the way couples separate – whether married or not – is outdated and that the blame-based system of divorce that is utilised in England and Wales harms couples and any children they may have. The report also states that the law currently provides cohabiting couples with no legal protection in the event of them separating noting that as many as six million unmarried couples live together, many of whom wrongly assume that they would be afforded the same rights as a married couple should their relationships come to an end.

Additional criticisms were levelled at the family justice system in England and Wales with the manifesto stating that the current system centres around blame, provides vulnerable individuals with little or no support, restricts access to alternative to court (such as mediation) and has failed to clarify how separating couples should best divide joint assets.

Resolution’s chair, Jo Edwards, furthered the arguments put forward in the report stating that whilst the family justice system has been subjected to significant changes in recent years, the laws that govern it are “woefully outdated.” Edwards further stated that having to assign blame to one spouse when filing for a divorce promotes discord where there would otherwise be amicability and that, whilst the judiciary have consistently and persistently suggested that the law should change, policy makers have not yet heeded their recommendations.

What do you think? Should the government listen to Resolution’s proposals? Let us know by leaving a comment.