resolutionSome important aspects of family law in England and Wales may be out of date and in urgent need of overhaul according to a Manifesto for Family Law launched by Resolution, an organisation which represents 6500 lawyers and other professionals dealing with divorces and separation.

According to The Guardian newspaper, Jo Edwards, a solicitor and the chair of Resolution, said on launching the manifesto that the laws governing the family justice system are, “woefully outdated, inadequate and unfair to many people”.

There are currently around 118,000 divorces each year in England and Wales, and Resolution believes that the current laws make it a more difficult and costly process than it needs to be, saying that the existing divorce law often means that one spouse has to blame the other for the breakdown of the marriage. They feel that this often causes conflict, makes it more difficult to reach an amicable settlement and causes stress and upset to the divorcing couple and their children.

Resolution’s Manifesto

The manifesto proposes that fault-free divorces be introduced. This is by no means a new concept though, as provisions for the introduction of fault-free divorces were contained in the Family Law Act 1996 but never brought into effect.

Resolution also feels that more emphasis should be placed on helping separating couples reach agreement about arrangements for their children and finances without having to go to court. Its manifesto calls for an overhaul of the current mediation system, as well as making legal aid available to enable separating couples to access other forms of dispute resolution.

A lack of knowledge amongst separating couples about the effect that divorce will have on their finances is also an area of concern for Resolution. It states that changes to the legal aid system have resulted in an increase in the number of people representing themselves at court in cases involving family disputes. Divorce law relating to finances is, says Resolution, complex and difficult to understand, and outcomes can be difficult to predict, even for professionals.

Legal Aid

Resolution also sets out its concern that legal aid reform has reduced the number of people having access to legal support during divorce and separation. It points out that publicly funded mediation numbers dropped by 45% from 2011-12 to 2013-14, identifying issues surrounding the costs involved for parents using the Child Maintenance Service.

It proposes that these issues be dealt with by the introduction of a ‘family law credit’, entitling anyone who qualifies for legal aid for family mediation purposes, to have a free initial meeting with a solicitor, and by making changes to the fees levied by the Child Maintenance Service, so that the children of vulnerable parents don’t lose out because of the way the system works. (It’s worth noting that Brookman’s initial meeting is offered free of charge already)

According to Resolution, many separating parents are unsure of their rights and responsibilities towards their children. To deal with this, it proposes that a Parenting Charter be drawn up. This Charter would set out: “what children should be able to expect from their parents if they are separate, and what separating parents need to do in the interests of their children”.

Resolution adds that nearly six million adults in England and Wales cohabit, yet have little or no legal protection if they separate, in contrast to the approach taken by other legal systems, including that of Scotland.

To redress this situation, Resolution proposes that a framework of rights and responsibilities for cohabitees should be created, thereby introducing some degree of legal protection when unmarried couples split up or one of them dies.

Got a question? Ask us now…

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

Really appreciated Brookman's advice and support. Most lawyers charge extortionate fees just for an initial conversation but not Henry. Thanks for all your advice and time.

Jul 2022   Chloé

I had a consultation with the partner Henry Brookman. I can absolutely recommend him, he seemed knowledgeable, up to date and patient. I have found him to be straightforward in the answers he gives and down to earth. 100% recommended.

Jun 2022   Michael P

I have no hesitation whatsoever in recommending Henry Brookman. His advice came in promptly when solicited, and was excellent. He is a thoughtful and very professional lawyer. He understood perfectly well the issue I presented him with, and gave me excellent advice in a family law related matter.

May 2022   Philip Hands

From my first contact with the firm I was treated courteously and promptly. I was offered a pro bono meeting shortly after making contact. Mr Brookman is clearly a very experienced professional and in our meeting he gave me some well considered and objective advice about my rather complicated situation which spans more than one jurisdiction.

May 2022   Julian Peachey

I had an initial consultation with Henry Brookman regarding prenuptial agreements and found him to be very helpful and knowledgeable.

Mar 2022   Simon Brooks

I had a free telephone consultation yesterday with Gavin Yeung. He could not have been more helpful and reassuring as he calmly and patiently worked through my situation to provide me with clarity and piece of mind at a time it was really needed and emotions are running high.

Mar 2022   'K M'

I spoke with Aziz at Brookman Solicitors on the phone for an initial consultation and he is one of the friendliest lawyers I have met. He is clearly very experienced as he patiently explained me all the concepts and processes which are quite daunting for someone in my situation, and then focused on the actual questions I wanted to ask... I would highly recommend Aziz and Brookman Solicitors.

Feb 2022   'R'

I am grateful for Henry Brookman and his team for support they provided to me during very frustrating time of divorce. They respond promptly to any request. I felt more confident after I started the process with them. Henry listened carefully to me and took quick actions on my case. I highly recommend this team of real professionals even for non-UK citizens.

Feb 2022   Sezim Beksultanova

I had online consultation with the partner Henry Brookman today. I was very happy with the service. I found him to be very insightful, knowledgeable and provided sound advice, as well as being kind and patient. It was a very comfortable discussion and he sent an email detailing our discussion very quickly discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Jan 2022   Shirley Christopher

We spoke at length and at no point felt like he was rushing us and we felt very comfortable. After our discussion we were also quickly sent an email detailing everything we were discussing in our meeting in depth. I am amazed by the service we got just from a free consultation. I would highly recommend these solicitors!

Dec 2021   Tina

I was fortunate to spend an hour running through a few questions with Natasha Slabas. She was quick to grasp the points raised and proposed a sensible way forward. Would recommend

Dec 2021   Nick Powell

I cannot praise the professionalism and courtesy too highly. The advice given in a very complex divorce matter, was clear, concise, enlightening and inspiring.

Nov 2021   Mary Barn

I contacted Henry Brookman because of the complex international aspect of my divorce and I’m very glad I did... Henry took his time explaining all the pro’s and contra’s... I now have a much clearer view over the situation and feel more confident going forward. I’m very grateful for the excellent advice I’ve received and not feeling rushed during the meeting.

Nov 2021   'A B'

Talitha offers sound advice, asks the right questions and advises you with what you need to know not just what you want to hear. I have no hesitation in recommending her services.

Sep 2021   Anu Vidyarthi

Henry took the time to go through all the details of my separation thoroughly. He was very clear on what my options were and what I needed to do to have a seamless agreement with my ex. Thank you for all your help!

Aug 2021   Sandeep Cina

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470