Revise Law supporting Unmarried, Separated Women and their Children
Revise Law supporting Unmarried, Separated Women and their Children
The Issue
I am a mother, seeking justice not just for myself and my children but for other women and children finding themselves in a similar situation.
My ex-partner and I separated 2 and a half years ago, and he has recently initiated legal proceedings to force the sale of our shared family home. In this all too common scenario, the Trust of Land and Appointment of Trustees Act 1996 means that separated couples simply sell and share the equity in equal parts. Only schedule 1 of the Children Act 1989 provides any form of protection for the children involved. This doesn’t, however, protect the children until the age of 18, such is the outcome of many divorce settlements. The current law offers an opportunity to claim for equity from the co-owner parent who the children don’t reside with. In my case, my ex partner (who does no regular child care) is refusing to consider this, meaning a long drawn out, and expensive, court process. There is no opportunity for Legal Aid unless domestic abuse is proven, which for many women, isn’t something we want to pursue legally.
The above laws have another glaring flaw: they do not consider the behaviour of the parents such as infidelity, domestic abuse or childcare disputes - all of which have effected me.
Like so many others, I have had to rise above these humiliations, only to be faced with the current prospect of losing our home due to the inadequacies of the law. It is stressful, upsetting and unfair. Now, we call for a change to provide additional protection and security for separated, unmarried women and their children.
I am one of many who have suffered this scenario and many family solicitors strongly believe the current law protecting previously cohabiting couples is outdated in modern society. Many couples chose to not get married as they see it as an outdated institution, or simply cannot afford to get married, buy a home and then have children, as was the case in the generations before us. However, despite the above, many women carry out the majority of the childcare, meaning their ex partner has the opportunity to earn a higher wage with an ability to afford alternative housing. Yet they can still enforce the current law to their advantage.
We believe that the law, in its current form, is failing to provide adequate protection for unmarried, separated women and their children. We urge lawmakers to re-evaluate and revise these laws, especially the only current appropriate laws to draw upon - the Trust of Land and Appointment of Trustees Act 1996 and schedule 1 of the Children Act 1989. By doing so, they need to also ensure that they take into account the parents' behaviours such as adultery and domestic abuse, as well as the wants and needs of children involved.
For all the women who have suffered in silence, for all the children who will be affected by this law, now is the time for change. Join us to rewrite these laws. Sign this petition and call upon our law-makers to make their stand. Please sign and share this petition. Let's make our voices heard.
45
The Issue
I am a mother, seeking justice not just for myself and my children but for other women and children finding themselves in a similar situation.
My ex-partner and I separated 2 and a half years ago, and he has recently initiated legal proceedings to force the sale of our shared family home. In this all too common scenario, the Trust of Land and Appointment of Trustees Act 1996 means that separated couples simply sell and share the equity in equal parts. Only schedule 1 of the Children Act 1989 provides any form of protection for the children involved. This doesn’t, however, protect the children until the age of 18, such is the outcome of many divorce settlements. The current law offers an opportunity to claim for equity from the co-owner parent who the children don’t reside with. In my case, my ex partner (who does no regular child care) is refusing to consider this, meaning a long drawn out, and expensive, court process. There is no opportunity for Legal Aid unless domestic abuse is proven, which for many women, isn’t something we want to pursue legally.
The above laws have another glaring flaw: they do not consider the behaviour of the parents such as infidelity, domestic abuse or childcare disputes - all of which have effected me.
Like so many others, I have had to rise above these humiliations, only to be faced with the current prospect of losing our home due to the inadequacies of the law. It is stressful, upsetting and unfair. Now, we call for a change to provide additional protection and security for separated, unmarried women and their children.
I am one of many who have suffered this scenario and many family solicitors strongly believe the current law protecting previously cohabiting couples is outdated in modern society. Many couples chose to not get married as they see it as an outdated institution, or simply cannot afford to get married, buy a home and then have children, as was the case in the generations before us. However, despite the above, many women carry out the majority of the childcare, meaning their ex partner has the opportunity to earn a higher wage with an ability to afford alternative housing. Yet they can still enforce the current law to their advantage.
We believe that the law, in its current form, is failing to provide adequate protection for unmarried, separated women and their children. We urge lawmakers to re-evaluate and revise these laws, especially the only current appropriate laws to draw upon - the Trust of Land and Appointment of Trustees Act 1996 and schedule 1 of the Children Act 1989. By doing so, they need to also ensure that they take into account the parents' behaviours such as adultery and domestic abuse, as well as the wants and needs of children involved.
For all the women who have suffered in silence, for all the children who will be affected by this law, now is the time for change. Join us to rewrite these laws. Sign this petition and call upon our law-makers to make their stand. Please sign and share this petition. Let's make our voices heard.
45
The Decision Makers
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Petition created on 13 April 2025