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Calls for Divorce Law Reform
Practice area: Family
Fiona Bethel
Baroness Deech is reported in the media calling this week for an overhaul of family law and in particular for an end to the idea that women deserve half of their husbands' wealth on divorce. She is quoted as saying "The notion that a wife should get half of the joint assets of a couple after even a short, childless marriage has crept up on us without any parliamentary legislation to this effect. Judges are ignoring the statutory direction to try to achieve a "clean break" between divorcing couples."
Resolution, representing a group of over 5,000 family lawyers, has issued a comment emphasising the importance of discretion but broadly endorsing the need for a review of current legislation. "Discretion is an important part of the family law system - enabling outcomes to be tailor made for families with the emphasis always on the best interests of children. But we agree that there is a need for the Law Commission to review current legislation in an effort to see if greater clarity and certainty can be delivered whilst the benefits of the discretionary approach are maintained."
Resolution also renewed its calls for reform to allow 'no fault' divorce as well as the introduction of rights for couples who cohabit. These two calls in particular are strongly endorsed by Fiona Bethel who heads the Family Law team at Kester Cunningham John. She says: "We are strongly in favour of any moves which make the division of assets after relationship breakdown as fair and as amicable as possible. To that end we encourage cohabitees to think about Cohabitation Agreements, and those who are separating to consider Collaborative Law as an alternative to going to court to resolve their differences."
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