Resolution lends its support to the Divorce Bill in a parliamentary briefing, ahead of the Bill’s second reading in the House of Lords today, the 5th February.
Resolution, representing 6,500 family justice professionals, has thrown its support behind the Bill, stating that it “will help thousands of divorcing couples minimise conflict, in turn reducing the negative impact of an acrimonious divorce on any children they may have.’
The briefing identifies the issues with the current law as not encouraging co-operation, but rather introducing and escalating conflict, resulting in the additional suffering of children in relationship.
However, the new Bill reflects the Codes of Practice for the members of Resolution for a non-adversarial approach in the resolution of family disputes.
The current law was described by Resolution as impeding the reduction of conflict within a divorce by requiring parties to apportion blame, “even if neither of them wishes to do so or it isn’t actually the reason the marriage broke down.”
“In a recent survey of Resolution members, 9 out of 10 agreed that the current law makes it harder for them to reduce conflict and confrontation between divorcing couples. In addition:
“67% said that the current law makes it harder for separating parents to reach an amicable agreement over arrangements for children.
“80% believe that the introduction of no-fault divorce would make it more likely that separating couples would reach an agreement out of court.”
A survey conducted in 2017 by the Nuffield Foundation found that:
“43% of people who had been identified as being at fault by their spouse, disagreed with the reasons cited for the marriage breakdown and 37% of respondents in the court file analysis denied or rebutted the allegations made against them by their spouse.”
The briefing urges all Peers and MPs to support the Bill and learn lessons from the 2006 reforms made in Scotland, where there had been a continued downward trend in divorce, with a reduction in the number of divorces based on fault.
