an experienced and respected family court judge, sir paul coleridge, has recently launched the marriage foundation. it is effectively a lobbying group whose purpose is to champion marriage as the most stable form of relationship, and therefore the best vehicle for raising children. there can be little dispute that children thrive best when their parents are in a loving and permanent relationship. it is also very arguable that the institution of marriage, with its public declaration of commitment and legal consequences, gives kids the best chance of a good start in life. so far so good, but sir paul’s move is potentially controversial.
firstly, there are constitutional issues around a family court judge involving himself in policy making in this area of law, but rightly or wrongly i don’t find myself too concerned about this point. a more important question for me is how the foundation intends to achieve its stated goals. obviously i would be in favour of ensuring that the only people who get married and produce children are the ones who will stay together, but how on earth do you reach this worthy goal? there may be some ways of educating individuals at the entry point before marriage, but achieving this seems pretty tricky to me.
i suspect the temptation will always be to construct barriers at the exit point, in other words to make it more difficult for couples to get divorced. i have a problem with this immediately, since it is hard to see how it benefits children to lock their parents into miserable warring marriages. furthermore, adults have to be allowed to control their own lives without excessive interference from the state.
i am particularly concerned by the judge’s comment that the initial impetus to support the foundation should come from family lawyers on the basis that we have made our living from family breakdown for decades, as if this is somehow immoral. i am certain that it is the job of a lawyer to strive to achieve the legitimate objectives of the client, whatever they may be. i am very uncomfortable with any suggestion that a family lawyer should seek to persuade his/her particular client not to get divorced on some wider social policy ground. that cannot be the correct role of a solicitor or barrister in the family justice system.
www.justdivorce.co.uk seeks to simplify and make more accessible the uncontested divorce process for those couples who have agreed together that they wish to divorce. it thereby plays an important role in the family justice system and society in general.
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