It’s been nearly two years since no-fault divorce legislation came into effect in England and Wales. Despite the legislation aiming to streamline proceedings for divorcing couples, according to the Law Society the average time for divorce increased to around 38 weeks post-reform, with a significant backlog of custody and family law cases tying up the courts. So, what further family law reforms are on the table, and how will any future changes impact firms working in Family and Private law?

Upcoming Government Family Law Reforms

Following on from no-fault divorce legislation, the government’s primary concern in family law reforms has continued to be with creating processes that reduce conflict in cases – such as improving access to early legal advice, providing vouchers for mediation, co-parenting classes and improving safeguards for victims of domestic violence – with the aim of supporting the wellbeing of children in separating families.

Following the outcome of the Private Family Law Early Resolution Consultation published in January a number of pilot schemes in England and Wales are being extended in advance of a national rollout with the hope that many cases will be resolved before reaching court. There is also an extension of an ongoing pilot scheme allowing journalists to report on family court proceedings designed to increase transparency in the family court system.

What Isn’t Included in the Plans?

Welcome though these changes are, there is still unfinished business when it comes to family law reforms, particularly legislation surrounding financial settlements in divorce cases and the legality of pre and post-nuptial agreements. Not to mention the legal protections afforded for cohabiting couples in the event of relationship breakdown.

Because there is little transparency around these issues, many clients approach legal separation with trepidation. The Law Commission is currently reviewing the laws around financial settlements however many feel that this process is too slow, and that any proposed changes will not go far enough. There have been calls from both Labour and Conservative MPs for the government to speed up reforms around financial settlements, albeit from different perspectives.

Baroness Deech has repeatedly pressed for pre and post-nuptial agreements to be made legal stating that ‘enacting pre-nuptial agreements into law would save cost, make mediation easier and significantly free up the courts.’

On the other side, Shadow Attorney General and MP, Emily Thornberry announced at last year’s Labour Party Conference that her party was committed to cohabitation reform to strengthen the protections available to those living together, particularly those couples where one partner earns significantly more than the other.

The Consequences of Further Family Law Reform for Firms

With the Law Commission currently reviewing the current legislation around financial settlements and the distinct possibility of a Labour government in the near future, it’s possible that we’re going to see continued family law reforms. But what could this mean for law firms, your Private and Family legal teams, and your recruitment strategy?

Putting tougher limits around the splitting of marital assets and reducing the extent to which outcomes are dependent on the discretion of judges could lead to a reduction in the number of large international divorce cases we have seen in the English courts. This may free up the time and resources of the family court system as could the stronger emphasis on mediation, as fewer cases reach court. Those that do make it to court will be easier to litigate and far less drawn out, resulting in lower legal costs for clients but greater competition for high-value cases from legal firms.

For Family and Private Law firms we could see:

• A greater emphasis on providing pre-divorce legal advice and mediation services.
• Smaller teams but with greater skill specialisation (eg. financial expertise, mediation techniques, child welfare etc.)
• A need to widen the soft and non-legal skills available in your team to include media relations, conflict resolution, communication, and empathy.
• Increased provision of training and development around domestic violence, child safeguarding and financial abuse.
• A need to widen the soft and non-legal skills available in your team to include media relations, conflict resolution, communication, and empathy.
• Increased provision of training and development around domestic violence, child safeguarding and financial abuse.
• A need to tap into wider perspectives through Diversity and Inclusion initiatives.

All of which might need you to rethink your talent attraction and retention strategies and target key skills to better support your long-term growth.

Clayton Legal has over 20 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.