Last week, family lawyer’s association Resolution launched ‘Good Divorce week’ to launch their new code of conduct for their members. Resolution lawyers sign up to a Code of Conduct, and this latest version of the code is designed to ensure that its members work with families and individuals to resolve their issues in a constructive way.

I know from my 20 years working as a family solicitor and family mediator, that clients generally reach the best outcomes when they are helped to understand and manage the potential long-term financial and emotional consequences of their decisions. This is why it is important to guide my clients through the options available to them. Court is not always the best way of resolving issues in family matters, and mediation and negotiation are generally cheaper, quicker and less stressful options. There are other options such as arbitration and collaborative practice which can also be considered.

The Resolution Code of Conduct promotes a constructive approach to family issues and considers the needs of the whole family, in particular the best interests of children. Resolution members are encouraged to:

• Listen to their clients, whilst being honest with them and treating them with respect and without judgment.

• Explaining all the options and giving clients the confidence to make the right decisions.

• Helping clients focus on what’s important in the long-term.

• Helping clients balance financial and emotional costs with what they want to achieve.

• Working with others to find the right approach and the best solutions for clients.

• Managing clients’ stress in what can be an already stressful situation.

• Reduce or manage any conflict and confrontation; for example, by not using inflammatory language.

• Support and encourage families to put the best interests of any children first.

• Act with honesty, integrity and objectivity.

Resolution members often work with a network of other like-minded professionals, including mediators, financial planners and family consultants, to make sure their clients find the right approach for them.

Linked to all of this is Resolution’s campaign for a no fault divorce. Currently, if you wish to Divorce, you have to prove the irretrievable breakdown of you marriage, but this needs to be based upon one of five facts:

1. Adultery

2. Unreasonable behaviour

3. Two years separation with consent

4. Five years separation

5. Desertion

This means, that in order to obtain a divorce, if you cannot wait for the two year minimum period, you have to prove fault upon the other spouse. This is bound to cause conflict, and even though this behaviour or adultery almost never has any implications on finances or children disputes, can be the cause of disputes between separating couples, causing costs, stress and huge amounts of conflict. Many lawyers, judges, MPs, and other professionals involved with our family justice system think that this is an issue which Parliament needs to address.

Resolution is also campaigning for greater rights for cohabiting couples, as again in our evolving society, many people feel it outdated that cohabiting couples have comparatively fewer rights that an equivalent married couple have. Intestacy rules and property laws are two areas where a married couple have greater rights than a cohabiting couple.