Good Divorce Week

We have previously written on the topic of “no-fault” divorce, and this has been something which has been the focus of media attention this week as a result of Resolution’s annual Good Divorce Week.

Resolution is an organisation of 6,500 family lawyers and other professionals in England and Wales, who believe in a constructive, non-confrontational approach to family law matters.

Resolution also campaigns for improvements to the family justice system. All of the solicitors at Jones Nickolds are Resolution members and we will always seek to support and encourage families to put the best interests of any children first, to reduce or manage any conflict and confrontation, and to act with honesty, integrity and objectivity.

This week Resolution has been calling for “an end to the blame-game” and has set out proposals for 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.

The introduction of this sort of procedure would allow couples who have not yet been living apart for two years to proceed with a divorce without one of them having to attribute some form of blame to the other. At present, the only fact that those couples could rely on are adultery or unreasonable behaviour. The current rules often create conflict at the very outset of the divorce, which can set the tone for the remainder of the legal process, and make it more difficult for parties to reach an amicable outcome.

Removing blame from divorce will help to remove some of the confrontation and acrimony that can exist when a marriage breaks down.

Opponents of a no-fault system suggest that any development towards this would make it “easier” to get divorced and will lead to an increase in marriage breakdown. Resolution does not agree and states that their proposals “will not make it more likely that people will separate. It will simply make it easier for people to manage their separation with as little conflict and stress as possible and reduce the likelihood that they will end up in court.

In 2012, there were over 72,000 divorces where adultery or unreasonable behaviour were cited. People should not have to go through this blame charade to bring their relationship to a dignified conclusion and move on with their lives. A civilised society deserves a civilised divorce process.”

On Wednesday 30 November, Resolution members attended a Lobby Day in Parliament to meet with MPs to discuss this issue. Whether the calls for reform will be effective remains to be seen, but the level of media interest in this topic may signal that there is now a public appetite for reform in this area.

The team at Jones Nickolds fully supports ‘Good Divorce Week’ and being able to bring a marriage to an end in the least stressful and most amicable way possible by following the Resolution Code.

You can learn more about Resolution’s Good Divorce Week and other work:
http://www.resolution.org.uk/gooddivorceweek/

If you have any queries about this article please contact jonesnickolds on 0203 405 2300 or contact@jonesnickolds.co.uk