Recent Trends in Family Law
Written by Courteney Low
With September being one of the busiest months for new divorce applications and family legal teams, Lauren Irvine explores the latest divorce and family law trends.
So, which trends do legal teams need to be aware of in 22/23?
Automation
Family law has always traditionally relied on human interaction and has therefore remained relatively untouched by automation. However, significant delays in family law court proceedings in recent months means digitalisation methods and alternative dispute resolution procedures are likely to accelerate in the next couple of months.
According to the Law Gazette, Court delays reached an all-time high in September 2022, as the average wait time for fast and multi-track claims hit 75 weeks.
Mediation in family disputes
In June 2022, the UK Government announced that they were providing £500 worth of mediation vouchers to divorcing couples to help them to mediate family disputes. The scheme is an attempt by the Government to reduce costs and improve processes by giving couples the chance to resolve matters faster and cheaper, it also gives parties enhanced support and greater confidentiality.
On a personal and case-by-case basis, the vouchers seem to be having a positive impact as 50% of couples would not have considered mediation if the voucher hadn’t been offered.
However, is it enough to address the sizeable backlog in the family law courts?
Law Society of England and Wales president I. Stephanie Boyce suggests that as some cases are not suitable for mediation, restoring early legal advice for family law cases could be more effective.
Self-representation
According to the Law Society, there continues to be a high number of in-person litigants without representation. This is predominantly because cuts to legal aid have driven up the number of people who have no choice but to represent themselves.
Another consideration for family lawyers as we enter a cost of living crisis in the UK is that more clients are likely to avoid the financial cost of full legal representation. In cases where families are struggling to pay legal fees, they may opt instead for partial representation or seek online support and advice.
Even though self-representation continues to rise there are stresses and complications that come with representing yourself in court, particularly in such an emotive context as the family law court. The Law Gazette cited complications such as limited legal education and a knowledge of how to bring cases before the court effectively. Alongside this, guidelines for how to represent yourself have yet to be adapted to remote hearings and could leave in-person litigants behind.
No-fault divorce & joint applications
The Divorce, Dissolution, and Separation Act and the introduction of No-Fault Divorce will undoubtedly continue to impact family law court proceedings in 22/23. The bill introduced a non-adversarial approach to divorce in which couples can apply without having to place the blame on each other. From an administrative perspective, the bill seeks to streamline the process and was introduced alongside an online portal to make it easier for couples to divorce without longer complicated trials. The hope is that it will contribute to freeing the time, resources, and money spent in court.
Despite making it easier for couples to divorce, the number of divorce applications hasn’t been as high yet as expected, there were 30,154 divorce petitions filed in January to March 2022, down 2% on the equivalent quarter in 2021.
Another new trend in modern divorce is the introduction of joint applications. In a bid to bring marriage and divorce laws into the 21st century, both partners can now apply for a divorce together. According to the Law Society, there were 2,771 joint applications out of 12,978 divorce applications in April 2022, showing uptake in the policy that will undoubtedly continue to rise.
The cost of living crisis
One question in the mind of family lawyers and family law practices is will the increasing inflation rate cause divorce rates to rise in 2022/23?
Financial issues have always contributed to a higher divorce rate. Graham Coy, a Partner at Wilsons Solicitors recently compared the current climate to the economic crash of 2008, which saw a huge increase in divorces. Despite seeing only a minor rise in divorce applications as a result of the No-Fault policy, many people believe we are likely to see a huge spike in divorce inquiries during the recession.
In July 2022, the Ministry of Justice pledged around £4 million to charities and organisations providing legal advice for family legal disputes. However, the Law Society argues that without reinstating legal aid contracts or restoring early legal advice, family law courts and solicitors will continue to be under immense pressure.
Lauren is a First-Class Law graduate who specialises in placing talented family and private client lawyers across the UK.
Reach out for the latest opportunities:
lauren.irvine@williamjamesrecruitment.com
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