s.FAMILY LAW REVISION
WHAT MAKES A GOOD FAMILY SOLICITOR?
- Emotional intelligence
- Good understanding of the stages of grief in a relationship breakdown and impact of conflict on
children
- Able to guide client through legal process
- Desire to help clients navigate a time of often deep personal stress
Matters to be considered at the first interview:
• Client details
• Client objectives
• Client’s story
• Screening for issues such as domestic abuse
• Signpost client to ADR
• Options in relation to funding
CHAPTER 1: DIVORCE AND DISSOLUTION
Types of non-court dispute resolution
Type of What is it? What are the pros and cons? What sort of matters Are there any
method are most suited to circumstances in
this type of dispute which it would not
resolution? be appropriate?
Mediation Gives couples an Pros: - Most cases - Allegations of
opportunity to decide - Confidential process allowing - Cases involving domestic abuse
for themselves what clients freedom to discuss and children as or harm to a
to do about their explore options (without mediation is child
children and finances prejudice) child-focused
with the help of an - Mediator is impartial and will not and enabled
impartial mediator take sides children of a
- Clients are in charge of the suitable age to
outcome meet with the
- Costs less than ¼ of the price and mediator and
takes ¼ of the time of going to express their
court feelings
- Ensures better results for families - Financial cases
since any
Cons: agreement
- Voluntary process so nobody can becomes legally
be forced to mediate binding once it
- Mediation only works if both has been made
parties are fully engaging with it into a Consent
Order
Solicitor Solicitors from both Pros: - Most cases - N/A
negotiations sides negotiate → - ‘default option’ especially where
offers clients a process one party refuses to engage in any
where they do not of the alternative processes or
have to be in the same where a mediation has broken
room as their ex- down
partner - Clients do not have to be in the
same room as each other
- Between parties face-to-face or
solicitor’s correspondence
, Cons:
- Costs dependent on both length
and breadth of negotiations
- Tends to be more expensive than
mediation since increased
involvement of solicitors
Collaborative Allows couples to Pros: - Most cases - Not for cases of
Law discuss issues which - It is agreed that if the process domestic abuse
are child-centered in a breaks down, both parties are or where there is
respectful and required to instruct new solicitors lack of
supported → strong incentive for everyone to communication
environment strive towards agreement and - Not suitable if
resolution there is a huge
Process involves both - Abiding threats are removed lack of trust
parties and respective - Collaborative process → similar between the
solicitors signing up at benefits to mediation parties
the start of the - Confidentiality
process to an - Withdrawal by solicitor if party is
agreement setting out withholding information → forces
various principles transparency
about how they wish - Concluded quicker than
to resolve matters conventional discussions or court
without going to court
Cons:
- More expensive process given the
involvement of both parties’
solicitors at all of the 4 way
meetings
Arbitration Parties appoint an Pros: - Suits - Not suitable for
arbitrator to decide - Most similar to the court process complicated simple/non-
the case and provide and offers clients an alternative to financial cases in complex cases
them with a binding relying on a court system that is at need of swift
decision full capacity and beset by resolution
intolerable delays
- Bespoke process
- Family dispute can be resolved
quickly and privately
- Parties select their own tribunal
- More straightforward
- Final arbitral award is binding on
both parties with more limited
scope for appeal
Cons:
- Most expensive option
, LAW AND PROCEDURE FOR DIVORCE (DDS 2020)
Divorce procedure
1. Either one or both parties to the marriage may apply to the court for a ‘divorce order’ which
dissolves the marriage on the ground that the marriage has broken down irretrievably (s.1(1)
MCA 1973);
2. An application must be accompanied by a statement of irretrievable breakdown (s.1(2) MCA
1973);
3. The court dealing with the application must take this statement as conclusive evidence that the
marriage has broken down irretrievably (s.1(3) MCA 1973);
4. The process of divorce remains a two-stage process –
o in the first instance the court will make a ‘conditional order’ (s.1(4)(a) MCA 1973);
o the court may not make a conditional order unless the applicant(s) have confirmed to
the court that they wish the application to continue (s.1(5)(a) and (b) MCA 1973);
o a party may not give such confirmation before the end of the period of 20 weeks from
the start of proceedings (s.1(5) MCA 1973);
o the conditional order may not be made into a final divorce order before the end of six
weeks from the making of the conditional order (s.1(4)(b) MCA 1973);
o it is open to the Lord Chancellor to amend these time frames but only to the extent
that the whole process does not exceed 26 weeks (s.1(6) and (7) MCA 1973);
Civil partnerships procedure
Sections 3 and 4 of the DDS 2020 make amendments to s.44 and insert a new s.37A CPA 2004:
1. Either one or both parties to the civil partnership may apply to the court for a ‘dissolution order’
which dissolves the civil partnership on the ground that the civil partnership has broken down
irretrievably (s.44(1) CPA 2004);
2. An application must be accompanied by a statement of irretrievable breakdown (s.44(1A) CPA
2004);
3. The court dealing with the application must take this statement as conclusive evidence that the
civil partnership has broken down irretrievably (s.44(4) CPA 2004);
4. The process of dissolution remains a two-stage process and a new s.37A has been inserted into
the CPA 2004 to achieve the following amendments (s.4(3) DDS 2020) –
o in the first instance the court will make a ‘conditional order’ (s.37A(1)(a) CPA 2004);
o the court may not make a conditional order unless the applicant(s) have confirmed to
the court that they wish the application to continue (s.37A(2) CPA 2004);
o a party may not give such confirmation before the end of the period of 20 weeks from
the start of proceedings (this is referred to as the ‘second prescribed period’) (s.37A(2)
CPA 2004);
o the conditional order may not be made into a final dissolution order before the end of six
weeks from the making of the conditional order (this is referred to as the ‘first prescribed
period’) (s.37A(1)(b) CPA 2004);
o it is open to the Lord Chancellor to amend these two prescribed periods but only to the
extent that the whole process does not exceed 26 weeks (s.37A(4) CPA 2004);
WHAT MAKES A GOOD FAMILY SOLICITOR?
- Emotional intelligence
- Good understanding of the stages of grief in a relationship breakdown and impact of conflict on
children
- Able to guide client through legal process
- Desire to help clients navigate a time of often deep personal stress
Matters to be considered at the first interview:
• Client details
• Client objectives
• Client’s story
• Screening for issues such as domestic abuse
• Signpost client to ADR
• Options in relation to funding
CHAPTER 1: DIVORCE AND DISSOLUTION
Types of non-court dispute resolution
Type of What is it? What are the pros and cons? What sort of matters Are there any
method are most suited to circumstances in
this type of dispute which it would not
resolution? be appropriate?
Mediation Gives couples an Pros: - Most cases - Allegations of
opportunity to decide - Confidential process allowing - Cases involving domestic abuse
for themselves what clients freedom to discuss and children as or harm to a
to do about their explore options (without mediation is child
children and finances prejudice) child-focused
with the help of an - Mediator is impartial and will not and enabled
impartial mediator take sides children of a
- Clients are in charge of the suitable age to
outcome meet with the
- Costs less than ¼ of the price and mediator and
takes ¼ of the time of going to express their
court feelings
- Ensures better results for families - Financial cases
since any
Cons: agreement
- Voluntary process so nobody can becomes legally
be forced to mediate binding once it
- Mediation only works if both has been made
parties are fully engaging with it into a Consent
Order
Solicitor Solicitors from both Pros: - Most cases - N/A
negotiations sides negotiate → - ‘default option’ especially where
offers clients a process one party refuses to engage in any
where they do not of the alternative processes or
have to be in the same where a mediation has broken
room as their ex- down
partner - Clients do not have to be in the
same room as each other
- Between parties face-to-face or
solicitor’s correspondence
, Cons:
- Costs dependent on both length
and breadth of negotiations
- Tends to be more expensive than
mediation since increased
involvement of solicitors
Collaborative Allows couples to Pros: - Most cases - Not for cases of
Law discuss issues which - It is agreed that if the process domestic abuse
are child-centered in a breaks down, both parties are or where there is
respectful and required to instruct new solicitors lack of
supported → strong incentive for everyone to communication
environment strive towards agreement and - Not suitable if
resolution there is a huge
Process involves both - Abiding threats are removed lack of trust
parties and respective - Collaborative process → similar between the
solicitors signing up at benefits to mediation parties
the start of the - Confidentiality
process to an - Withdrawal by solicitor if party is
agreement setting out withholding information → forces
various principles transparency
about how they wish - Concluded quicker than
to resolve matters conventional discussions or court
without going to court
Cons:
- More expensive process given the
involvement of both parties’
solicitors at all of the 4 way
meetings
Arbitration Parties appoint an Pros: - Suits - Not suitable for
arbitrator to decide - Most similar to the court process complicated simple/non-
the case and provide and offers clients an alternative to financial cases in complex cases
them with a binding relying on a court system that is at need of swift
decision full capacity and beset by resolution
intolerable delays
- Bespoke process
- Family dispute can be resolved
quickly and privately
- Parties select their own tribunal
- More straightforward
- Final arbitral award is binding on
both parties with more limited
scope for appeal
Cons:
- Most expensive option
, LAW AND PROCEDURE FOR DIVORCE (DDS 2020)
Divorce procedure
1. Either one or both parties to the marriage may apply to the court for a ‘divorce order’ which
dissolves the marriage on the ground that the marriage has broken down irretrievably (s.1(1)
MCA 1973);
2. An application must be accompanied by a statement of irretrievable breakdown (s.1(2) MCA
1973);
3. The court dealing with the application must take this statement as conclusive evidence that the
marriage has broken down irretrievably (s.1(3) MCA 1973);
4. The process of divorce remains a two-stage process –
o in the first instance the court will make a ‘conditional order’ (s.1(4)(a) MCA 1973);
o the court may not make a conditional order unless the applicant(s) have confirmed to
the court that they wish the application to continue (s.1(5)(a) and (b) MCA 1973);
o a party may not give such confirmation before the end of the period of 20 weeks from
the start of proceedings (s.1(5) MCA 1973);
o the conditional order may not be made into a final divorce order before the end of six
weeks from the making of the conditional order (s.1(4)(b) MCA 1973);
o it is open to the Lord Chancellor to amend these time frames but only to the extent
that the whole process does not exceed 26 weeks (s.1(6) and (7) MCA 1973);
Civil partnerships procedure
Sections 3 and 4 of the DDS 2020 make amendments to s.44 and insert a new s.37A CPA 2004:
1. Either one or both parties to the civil partnership may apply to the court for a ‘dissolution order’
which dissolves the civil partnership on the ground that the civil partnership has broken down
irretrievably (s.44(1) CPA 2004);
2. An application must be accompanied by a statement of irretrievable breakdown (s.44(1A) CPA
2004);
3. The court dealing with the application must take this statement as conclusive evidence that the
civil partnership has broken down irretrievably (s.44(4) CPA 2004);
4. The process of dissolution remains a two-stage process and a new s.37A has been inserted into
the CPA 2004 to achieve the following amendments (s.4(3) DDS 2020) –
o in the first instance the court will make a ‘conditional order’ (s.37A(1)(a) CPA 2004);
o the court may not make a conditional order unless the applicant(s) have confirmed to
the court that they wish the application to continue (s.37A(2) CPA 2004);
o a party may not give such confirmation before the end of the period of 20 weeks from
the start of proceedings (this is referred to as the ‘second prescribed period’) (s.37A(2)
CPA 2004);
o the conditional order may not be made into a final dissolution order before the end of six
weeks from the making of the conditional order (this is referred to as the ‘first prescribed
period’) (s.37A(1)(b) CPA 2004);
o it is open to the Lord Chancellor to amend these two prescribed periods but only to the
extent that the whole process does not exceed 26 weeks (s.37A(4) CPA 2004);
