News:

TEN YEAR ROUND UP

As we end the “noughties” and enter the “tens”, “tenties”, “tenners” (or whatever some red top newspaper decides to call them) it is a worthwhile exercise to see just how far Family Law has developed over the last 10 years – or in some areas, has not developed at all.

Divorce

In financial cases following Divorce the words “fairness” and “equality”, first extensively used in White –v- White 2000, have become commonplace. Equality is now regarded as the starting point for division of capital – unless there is a very good reason to depart from that principle.

Consequently, London has been dubbed “the divorce capital of the world” as a result of “big money” cases where very successful husbands have had to pay large amounts of their capital to their spouse.

Cohabitation

The same cannot be said about the law relating to cohabitants. They have been “left out in the cold” after the Government declined to support Lord Lester’s Bill, whereas same-sex couples who had registered their Civil Partnership, have been granted similar rights to their married heterosexual counterparts.

Children

Sadly, in spite of the stated basic principles of the Children Act – that the child’s welfare comes first and that there should be minimum delay – many children remain at risk for a longer period of time due to a chronic lack of resources for CAFCASS. Many experienced CAFCASS officers have left the service due to disillusionment and lack of support – leaving an overworked rump who are struggling against a tidal wave of referrals from the Court.

Finance

Two further thorny topics continue to exercise the minds of the some of the Judiciary:

1. Pre-nuptial agreements;
2. Cohabitation and its effect on spousal maintenance.

In both cases, a formal change of the law will be required to bring Family Law into the 21st century. Sadly, both major political parties are “running scared” of next year’s election and so we are unlikely to see any further development in these areas for some time to come.

December 2009

go to: News Contents Page