There is an inbuilt ‘resistance’ in our legal system to separating couples having an informed liberty to manage their own affairs, says a leading family charity.
 
Jane Robey, CEO of National Family Mediation, says couples need to be trusted to shape their own futures unfettered by jargon, so-called legal expertise, and outdated divorce laws.
 
In a new article focusing on the need to modernise divorce legislation, she says: “Getting a divorce should be far, far simpler than it currently is. 
 
“It’s much too tangled up in legal processes, acquiring a mystical quality that serves to confuse and defeat those who are, after all, undergoing the biggest crisis of their lives.”
 
She says that from a family mediator’s perspective “the huge majority of people going through private law proceedings find it over-complicated and much too time-consuming. It feels like that’s an inbuilt and endemic characteristic of the system. 
 
“Those who come to mediation quickly realise they are perfectly capable of managing the process themselves. Yet it feels like there is a resistance in our legal system to people having an informed liberty to manage their own affairs, to being trusted to shape their own futures unfettered by jargon and so-called legal expertise.
 
Our expert mediators play an important role, working with both parents, recognising they play an equal part in future arrangements over parenting, money and property – often helping them successfully move from being warring exes to equal players in a post-divorce ‘business relationship’. 
 
“But the true power and ability to shape the future lies with the individuals involved, not with professionals sitting outside the process. Legal processes drain these individuals.”
 
 

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