Sir James Munby, president of the Family Division, has questioned whether divorce proceedings should remain subject to judicial supervision. He suggested that ‘radical’ reform was necessary to curb the effects of legal aid cuts, and to provide sustainable aid to those that need it.
Lord Chief Justice Sir James Munby stated that the system needed to reflect the current economic reality, wherein individual parties no longer have the guarantee of representation. In particular, he cited the new child arrangement programme, which came into effect in April, as requiring a new approach to private law cases.
“The concept of the courts’ continuing monitoring and review function following the substantive hearing – the legacy of ideas rooted in old wardship practice – will in large measure become a thing of the past,” he said.
When speaking about divorce, he suggested that even more change may be required. This included consideration to legislate to remove all concepts of faults as a basis for divorce, leaving irretrievable breakdown as the sole ground. Consequently, this could also lead to separating the process of divorce from that of adjudicating claims for financial relief.
He said: “May the time not come when we should at least consider whether the process of divorce still needs to be subject to judicial supervision?”
According to the Lord Chief Justice, the family court should now look at simplifying and streamlining its current processes, making it more user-friendly for litigants and cheaper for those involved.
He also criticised the treatment of cohabitants and unmarried partners, whose rights remain limited despite an overview at the start of October.
“Reform is desperately needed – has been desperately needed for at least 40 years. Thus far governments have failed to act,” he concluded.