Family solicitors in Warrington welcomes campaign to modernise divorce laws

November 22, 2017

A leading Warrington family law firm has welcomed aspects of a national campaign to modernise divorce laws.

 

Senior judicial figures have called for an end to ‘unjust’ and ‘outdated’ legislation, with The Times newspaper launching a campaign to modernise family law. 

 

The suggested reforms include to abolish the requirement to allege fault or blame during divorce proceedings, as well as to provide statutory backing for prenuptial contracts.

 

A report by the Nuffield Foundation condemned divorce laws for leading to false and exaggerated allegations, which deteriorates relationships further and can harm the mental health of any children involved.

 

Danny Hudson, partner and member of the family department at Watsons Solicitors, said: “The need to allege blame or fault, unless the parties have been separated for at least two years, increases the possibility for hostility between the parties in what is already an adversarial process.

 

“In the event that the parties have agreed to divorce then this should be an option upon which to proceed rendering the requirement to ‘point the finger’ obsolete unless absolutely necessary.”

 

However, Danny, who specialises in all types of family law including divorce and is a member of the Law Society Family Law Panel, warns against giving pre nuptial agreements statutory protection.

 

He added: “These documents exist because often one party has more assets than the other, and in some cases significantly so. This can create an inequality of bargaining position almost immediately despite the requirement for independent legal advice on the terms, disclosure of assets, and confirmation that there has not been any duress placed upon a party to sign.

 

“This discretion of the courts to take into account, or ignore, an agreement means that a court can decide what is fair and reasonable given all the circumstances of the case.

 

“As judges have explained to me on several occasions, ‘the court is more than simply a rubber stamp’.”

 

Watsons Solicitors, which has been established for more than 50 years, specialises in family law, employment law, and conveyancing.

 

The team of experienced solicitors each hold various accreditations and memberships of professional bodies relevant to their expertise, while the firm’s partners oversee all areas of work.

 

Click for more information on our expertise and to find out why we’re a leading firm of divorce solicitors in Warrington.

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