Resolution is a community of family law professionals promoting changes and improvements to the family justice system by encouraging solutions to minimise conflict and stress in family law proceedings, with a particular focus on reforming the legal framework and rights for unmarried couples in England and Wales.
What is Resolution?
Resolution was created in the early 1980s by a small group of dedicated divorce lawyers who believed they could help families find a better way to resolve family disputes in England and Wales. Resolution supports individuals, couples and families across England and Wales to reduce conflict and to create more amicable solutions.
Resolution support the family justice system and campaigns to improve and make changes to policy and legislation ultimately to:-
- provide support throughout relationship breakdown
- put children first, helping separating/separated parents to work together in the child’s best interests
- provide fair and lasting outcomes upon relationship breakdown
- protect those at risk of harm and victims of domestic abuse.
The most recent reform that Resolution has made to the policy and legislation is No-fault divorce which was introduced on 6th April 2022.
No fault divorce has been a significant turning point in family law and it was essentially introduced to end the so-called ‘blame game’ between parties once their marriage had irretrievably broken down. Resolution strongly believed that the law surrounding divorce should be improved to allow couples to separate without one having to apportion the blame to the other.
What is the current law for unmarried couples?
It is a common misconception that unmarried couples are protected under what is known as ‘common law marriage’.
It is believed by 46% of British adults that once the relationship has broken down, ‘common law marriage’ provides them with an entitlement to sharing finances, like those who are married. Sadly, this is not true. There is no legal framework which governs financial issues arising upon the breakdown of unmarried couples.
With cohabiting couples being the fastest growing family type in the UK, Resolution argues that the family justice system must meet the needs of today’s modern families to better serve those unmarried couples who are separating, and their children.
As it stands, living together as an unmarried couple does not automatically create a beneficial interest in the family home, if that property is held in one party to the relationship’s sole name. This is the case irrespective of the length of the relationship, or the fact that there are children. Currently, an option for unmarried couples in respect of property is to potentially make an application under The Trusts of Land and Appointment of Trustees Act 1996 or under Schedule 1 of the Children Act 1989 if making a claim for the benefit of a child as an unmarried separated parent.
Resolution reforms for more rights for unmarried couples
Resolution are urging the government to make cohabitation reform a priority so that more than 3.6 million cohabiting families get the legal protection they urgently need.
When relationship breakdown occurs, this typically results in both parties experiencing a significant decrease in household income that can cause financial difficulties for both parties. However, research shows that upon relationship breakdown, women are financially more disadvantaged than men due to a number of economic factors which include but are not limited to:- gender pay gaps, caregiving responsibilities and gender pension gaps.
The gender pay difference is a significant contributing factor to why women are disproportionately disadvantaged upon relationship breakdown. The current gender pay difference stands at 14.3%, meaning women earn 85.7% of what men earn on average. This gender pay gap affects women throughout their careers and the gap widens further if a woman becomes a mother. Having responsibilities for a child essentially limits their ability to work full-time and reduces her access to progression opportunities. This leaves them with little to no choice to reduce their hours or to leave their job due to caring responsibilities. Recent research found women are 7 times more likely to be unemployed due to caring responsibilities.
Gender pension gaps are another significant contributing factor and which typically adversely affects women, especially older women who are likely to have smaller pensions due to family and childcare commitments throughout their lives. Recent research found that men within couples have substantially more private pension wealth than women.
What would reform for unmarried couples look like?
Resolution is campaigning for an eligibility criteria indicating a committed relationship which would give rise to a right to apply for certain financial remedies if the relationship has broken down.
Resolution, under the new scheme, proposes to introduce payments from the other partner for any payments associated with looking after their child upon the relationship breakdown. This provision will enable the primary care giver to apply for temporary maintenance to help them with the loss of financial support from their respective partner.
Resolution also envisage maintenance claims for cohabitants in their own right (as opposed to for their child) for a limited period to reflect the financial advantages or disadvantages caused by the breakdown of the relationship which could not be accommodated by other types of financial orders.
Jo Edwards, Chair of Resolution’s Family Law Reform Group, says “We need to protect people, and their children, from financial hardship by finally grappling with these issues and introducing a framework of rights and responsibilities for unmarried couples.” Resolution argue that its recommendations are essential for improving the family justice system, reducing conflict for separating families and providing necessary protection and support for them and their children.
Will we see any reform to the family justice system for unmarried couples and their children?
Contact us
As family law experts, we support Resolution and the reforms that should be made to enable those with little legal rights to be protected and have the opportunity to have a stable and secure future. Here at Birkett & Co we offer a free 30-minute consultation to give everyone the equal opportunity for expert legal advice if you have any family disputes.
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