A survey by You Gov of 2104 adults on behalf of Resolution, an association of Family solicitors and lawyers, found that:-
• 75% believe divorce rates are not influenced by how hard or easy it is to get a divorce;
• 60% did not think that making the divorce process harder would mean fewer divorces;
• 68% believe that unhappily married couples should not stay together even if children are involved;
• 68% think that there should be a no-fault divorce.
Currently, if a separating married couple wish to have a no-fault divorce, they have to separate for a minimum of two years before proceeding with a divorce where both spouses agree to divorce. If one spouse does not agree to a divorce, then the separation period has to be five years. For a quicker divorce, a fault-based divorce on grounds of adultery or unreasonable behaviour has to be used.
In addition 80% of respondents agreed that there should be financial support when a relationship ends, particularly where one partner may have given up a career to care for children. Of these respondents:
• 72% agreed this should apply to married and unmarried but cohabiting couples equally;
• 59% agreed that strengthening legal rights for cohabiting couples would encourage people to take financial responsibility for each other.
Resolution has called for the Government to develop policies aimed at cohabiting couples.
Although unmarried couples who want to separate do not have the same levels of protection as divorcing married couples, as the law does not recognise a common law marriage, some protection can be given by drawing up a Living Together Agreement.
If you have any queries about Living Together Agreements or separation for unmarried or married couples, please contact Alistair Dobson or Janet Hopkins on 01858 445480 or James Haworth on 0116 212 1080 or complete one of the on-line forms. James is a member of the Leicestershire Regional Committee for Resolution, an association of legal professionals working to reduce conflict in separation and divorce.
