A fairer end to relationships: a summary of Resolution’s response

Graeme Fraser, Head of family law, William Sturges

In this article, I explain Resolution’s highly informed, practical and considered response to the MOJ Consultation to assist the government with its aims to improve and clarify the law of financial remedies on divorce and the law for cohabitants on separation and death.  Resolution agrees with the sharing principle proposed but adopts a different approach towards needs. The needs model is welcomed as being the chosen model above a compensation model for new cohabitation law. There is a need for consistent treatment of domestic abuse/ misconduct by the Family Court to support all victim-survivors, irrespective of their relationship status, in meeting needs. The law should provide for QNAs to be binding, unless this would result in manifest or serious injustice for either party. Resolution favours a model allowing cohabitants to opt out of a cohabitation framework by means of a valid agreement which binds the parties subject to safeguards. This is a significant moment for family law practitioners to unite and support these changes which can achieve long-lasting improvements to family law and practice.