Divorce reforms need better support frameworks

The Law Society of England and Wales has welcomed the UK government's plans to provide a clearer financial framework for families ending a marriage or cohabiting relationship. This initiative, announced on 12 August, aims to establish legislative clarity while retaining judicial flexibility. Significant protections would be offered to cohabiting couples after separation or when a partner dies without a will. Furthermore, judges would have the ability to consider the financial implications of domestic abuse when making orders. Law Society president Mark Evans expressed that “the reforms put forward by the government help provide certainty and clarity for families going through a separation, whether ending a marriage or a cohabitating relationship.” However, in discussing support for survivors of domestic abuse, he stressed, “for the proposed reforms to achieve their aim, they must be accompanied by improvements to legal aid.”

Evans highlighted the current challenges faced by individuals seeking legal aid, noting that “people’s access to legal aid is severely restricted by an outdated means test and dwindling supplier base due to lack of investment.” The situation forces survivors into difficult positions where they often “face difficult choices: take on debt to get legal representation or represent themselves in court without legal advice.” He urged the government to take its commitment to halving violence against women and girls seriously, asserting, “survivors need access to legal aid to level the playing field.” He further elaborated on the benefits of restoring early legal advice, which would allow individuals to resolve disputes sooner and alleviate pressure on the courts, aligning with the consultation's core objectives.

Evans concluded by emphasising the necessity of investment in legal aid as a public service. He advocated for an awareness campaign to inform the public about what these changes could mean for families, while highlighting that cohabiting couples can choose to opt out of the proposed framework.