16th July 2018
Stopping the Blame Game
Resolution, an Organisation consisting of over 6,500 specialist family lawyers suggest our divorce law is out of date. It is now over 50 years old. Couples seeking a divorce in England and Wales must either spend a minimum of two years separated or one must blame the other for the marriage breakdown, citing adultery or unreasonable behaviour. Even if both partners mutually agree the relationship is over, they still must apportion blame if they wish to waive the two-year waiting period.
In 2015, 60% of divorces in England and Wales were granted on adultery or unreasonable behaviour. By contrast in Scotland where divorce law is different, this percentage was only 6%.
This often creates conflict and makes reaching a mutually acceptable agreement much more difficult. A particular concern is the impact conflict and confrontation between separating parents has on their children.
By removing the need to blame from the divorce process it is suggested this will increase chances of successful non-court dispute resolution, in turn reducing the burden on the family court and potentially reducing conflict. This also makes the process quicker and cheaper.
On the 17th May many members of Resolution gathered outside parliament to raise awareness of their campaign to change divorce law.
Resolution proposes 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.
Alison Nolan, Head of Family Law at Roebucks and a Member of Resolution and a Law Society Children's Panel Specialist Lawyer confirmed that, 'at Roebucks we see the impact that family break up has every day and it is our intention to always try and support our clients and reduce conflict wherever possible and maintain the Resolution Code of Practice that we adhere to.'
At Roebucks our family team will always work within the Code of Practice by
- Reducing or managing any conflict and confrontation; for example, by not using inflammatory language.
- Supporting and encouraging families to put the best interests of any children first.
- Acting with honesty, integrity and objectivity.
- Helping clients understand and manage the potential long-term financial and emotional consequences of decisions.
- Listening to and treating everyone with respect and without judgment.
- Using our experience and knowledge to guide clients through the options available to them.
- Continually developing our knowledge and skills.
- Using the Resolution Guides to Good Practice in our day-to-day work.
We are able to provide specialist family advice in all the key areas of separation and divorce, finances, child law and support. We have specialist lawyers in all of our offices in Blackburn, Accrington, Clitheroe and Leyland so please call us and arrange an appointment at an office convenient for you.