It took 34 years of tireless campaigning, and a judgment in the Supreme Court, to achieve ‘no fault’ divorce in England and Wales (Owens v Owens [2018] UKSC 41, [2018] All ER (D) 144 (Jul)). When the Divorce, Dissolution and Separation Act 2020 finally came into force on 6 April 2022, to a huge media fanfare, there was a collective sigh of relief among family justice professionals.
The next hurdle to overcome will be to achieve cohabitation law reform, which is similarly long overdue.
The argument on choice
The Family Law Reform Now Network’s Cohabitation Reform Conference in January was inspirational. It brought together academics from different jurisdictions, practitioners, and the Scottish Law Commissioner. They shared their research and insights into what works and what doesn’t in other countries, why we need reform in this country, and how we might achieve it.
One of the arguments often used by opponents of cohabitation law reform
