Family solicitors this week welcomed a government proposal to prevent parties from naming persons alleged to have committed adultery in their divorce proceedings. The proposal forms part of a consultation on creating a single set of procedure rules for the family courts, with modernised language.


The consultation considers whether there should be an absolute ban on the naming of parties to an adultery, or whether there should be a 'greater barrier' to prevent them from being named.



Resolution chairman Andrew Greensmith said: 'We want to discourage claimants from naming co-respondents because there is no logical reason why they should be named, and it produces so much acrimony.'



Christina Blacklaws, chairwoman of the Law Society's family law committee, added: 'It's entirely understandable that people want to bring their partner's new partner into the fray, but it does not help.'



Meanwhile, lawyers held mixed views on a second consultation regarding the separate representation of children in family proceedings. Mr Greensmith said: 'Children are increasingly expecting to have a say in their own future, yet the decision as to whether they receive independent representation is often seemingly quite random. There should be a uniform approach across all family courts and in all proceedings.'



However, Ms Blacklaws added that she was concerned that the decision on separate representation would be transferred from the courts to the Children and Family Court Advisory and Support Service under the proposals.



Rachel Rothwell