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Family Law in 2024

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As we come to the end of another year, our lawyers reflect on some of the changes (or lack of!) in family law in 2024, and the impact on people going through family law issues.
Julian Hawkhead, Senior Partner
Can it really be a year since I last wrote an introduction to the Stowe Family Law end of year blog? In many respects, time has flown by so quickly, but sadly, as my colleagues discuss in the following articles, where the need for reform in key areas of family law is concerned, progress is not as fast.
Firstly a few words about Stowe Family Law. It has been quite a year for the firm as we continue increase our capability to support more people as they require family law services increasing the number of specialist lawyers across more locations nationwide. Throughout 2024 we opened more offices taking our total number of locations to 94 and we now have 205 specialist family lawyers. We also said goodbye to Livingbridge as our former partners with whom we have achieved so much over the last 7 years and we welcomed our new partners Investcorp to support us through the next exciting chapter. We have some really exciting plans so watch this space!
With a new Labour Government in place, now is the time to prioritise a legal system that is there to protect the vulnerable and is readily accessible to those in need. It is an essential foundation for a stable and safe society.
In other areas of the family law world, we have seen an increased impetus to keep couples out of the court system and encourage them to adopt alternative routes to reaching a resolution whether that is mediation or other forms of dispute resolution. The rules that have been introduced feel more stick (through costs sanctions) than carrot but there is no doubt that a resolution reached consensually is longer lasting and less damaging to all parties.
The need for rights for couples living together without a legal marriage or civil partnership continues to be an area of focus for family law professionals, although there seems to be diminishing hope that the Government will prioritise reform here. A clear legal framework is necessary to define what happens when cohabiting relationships end is much needed.
I hope you enjoy reading these short articles written by my colleagues and may I take this opportunity to wish you a very happy Christmas season and a healthy and prosperous 2025.
Tamara Adams on development in fertility law
This year has not seen as much progress in fertility law as we, as family law professionals, would have hoped. However, some steps have been taken with the amendment to the Human Fertilisation and Embryology Act 1990. Previously female same-sex couples had to undergo screening for infectious diseases such as hepatitis B, C and rubella which could cost up to £1000 and was prohibitive for many. As of November this year, the screening requirements for same-sex couples are on par with those for heterosexual couples as these requirements have been relaxed. In addition, same-sex couples where one or both partners have an undetectable viral load for HIV will be allowed to pursue IVF treatment.
The ONS reported that women had an average of 1.44 children between 2022-23, the lowest recorded birth rates. Several reasons have been touted for this drop, including the impact of Covid-19, and social changes with women delaying having children to pursue a career. In this context, there is a need for change in fertility laws to make various methods of alternative journeys to parenthood more accessible and the legal process frictionless.
Unfortunately, we are still awaiting key changes in surrogacy laws which many family law professionals hope to see. The complexities of legal parenthood being assigned to the birth mother, rather than the intended parents, followed by a lengthy process of transferring parenthood, is complicated, costly and stressful, and can be a deterrent. Recently, Baroness Meron met with the Law Commission to discuss the recommendations made in the Commission’s report which was released in March 2023. It is hoped that the Government will release a response soon, putting surrogacy on the agenda.
I hope to see more change in 2025, particularly in surrogacy, to protect intended parents and make their journey to parenthood a joyful one.

Ciara Pugh on the need for cohabitation rights
Taking the media by storm this year was the fall in marriage rates, as reported by ONS, with rates falling to 49.4%, the first time they have dropped below 50%. Although same-sex marriages increased, and there were an estimated 167,000 people in same-sex marriages in 2022, overall marriage seems to be being replaced by couples choosing to live together as cohabitees.
The fall in marriage rates reflects a changing society, and the need for the law to maintain pace with shifting priorities and family structures. There are a variety of reasons that could be attributed to the decline. For example, these ONS figures are from 2022, where the impact of the Covid pandemic was still being felt on the wedding industry. Nevertheless, the way we view marriage and relationships is constantly changing, and couples are either delaying or rejecting marriage entirely.
What this does mean is more people are choosing to live together as cohabitees rather than getting married. Although cohabitation is the fastest growing family type in the UK, as it stands there is little to no financial protection for cohabitees should the couple break up or one party die without leaving a Will. This is the case regardless of length of time living together, or if the couple shares children (though there are some financial claims that can be brought for the benefit of children).
Family lawyers have been campaigning for cohabitation reform for years. In October 2023, a glimmer of hope appeared in the form of Labour MP Emily Thornberry’s promise to make cohabitation a priority should the Labour Party take hold of Government. Disappointingly, such a reform has failed to land on the Government’s agenda as yet, leaving many individuals vulnerable should their relationship end.
However, the fall in marriage rates has renewed calls for cohabitation reform. I hope that in the not-too-distant future, there will be financial protection for cohabitees. This could be in the form of an opt-in or opt-out system where couples choose whether they wish to have rights. These are unlikely to be the same as those afforded to married couples, but financial protection is needed to protect vulnerable individuals. Our new Labour Government is confronted with an exciting opportunity to finally reform this highly problematic area of family law and let’s hope we see some change!

Rachael Lodge on the drive to avoid court
The Family Justice System has been working hard over the past few years to reduce acrimony in divorce and family proceedings, and to ensure families going through relationship breakdowns have the best chance at setting themselves up for a more positive future. This is all within the context of a struggling court system which is underfunded and over-stretched.
As such, one of the most significant changes in 2024 was an update to the Family Procedure Rules. These are a set of rules followed by courts nationwide which govern practice and standardise court procedures. In April of this year, the rules were updated to place a greater focus on reaching amicable agreements, using non-court dispute resolutions (NCDR) such as mediation, collaborative family law and arbitration.
The main changes are a wider definition of what NCDR means, broadening the scope beyond just mediation, and including methods such as arbitration, collaborative divorce and private financial dispute resolution hearings.
Divorcing couples will now need to actively engage in NCDR, or provide a valid reason why this is not possible by laying out their views in open correspondence. Parties now have to express why NCDR is inappropriate in their case using the new FM5 form (for example, due to safeguarding concerns), where before this was simply a tick box exercise. The exemptions for not taking part in NCDR are more limited, and failure to engage may result in cost sanctions. We have already seen this acted on by Judges in several cases in the latter half of the year.
Although courts could previously adjourn proceedings where Judges felt NCDR would be appropriate, they can now do this without the agreement of the parties.

The hope is that moving forward, parties family law issues will be able to find constructive ways to resolve differences instead of using the courts. This will not only give the family courts more breathing room but will mean families can build a better post-separation future. The Ministry of Justice is undertaking a wider push to support families by ensuring they are aware of all the options available to them and supported throughout.
Emily Davies on the Pathfinder Pilot
The Pathfinder Pilot was initially introduced in March 2022, launched in a small number of family courts, to trial improved information sharing between services like local authorities with the courts. The pilot was a response to a review into the Family Justice System that highlighted how the adversarial nature of family courts and the system itself worsened conflict and further traumatised domestic abuse victims and children. Almost three years later, now is a great opportunity to reflect on the change and development in the pilot itself, and the impact it has had on families.
The pilot model requires detailed investigations to be conducted by Cafcass – the independent body advising family courts what is safe for, and in the best interests of, the children. Cafcass will prepare a Child Impact report, where they have an opportunity to hear from the child/children before the first hearing to better understand their worries, wishes and feelings, and to evaluate the potential impact of the ongoing family law proceedings, on the child/children involved. Cafcass also investigates any welfare issues, allegations of domestic abuse, and identifies whether non-court dispute resolution would be appropriate. The pilot aims to ensure that children of separating parents are listened to throughout the process, and are given more opportunities to express themselves, as well as improve the experience of survivors of domestic abuse.
Furthermore, the Pathfinder scheme is working to minimise the trauma domestic abuse victims (and their children) experience going through the justice system when separating from their abusive partner. The improved information sharing through the holistic multi-agency approach and early onset information gathering, means victims do not have to be re-traumatised by telling their story multiple times.
February 2024 saw the end of the initial phase of the pilot, and it was then rolled out to two further locations, Birmingham, and South-East Wales, ahead of a planned national rollout. Although the national rollout has yet to be confirmed, the progress made by the initial phases of the pilot have been positive. The change in process is being carefully monitored by legal professionals, as well as policymakers and Cafcass.
At present, it is apparent that a national rollout is not yet on the cards. However, I hope a review into the pilot will be produced in 2025, looking ahead to a nationwide implementation as the family justice system moves towards less adversarial, non-court-based approaches.
Read more about the Pathfinder Pilot.
 Jake Mitchell on AI and Family Law
Technology is evolving, and in 2024 we have felt its impact in the legal world. Some of the fastest moving tech is the use of Artificial Intelligent (AI) and its usage in family law.
AI is not robots, but computer simulation. In law, language models like ChatGPT have an enormous amount of data, phrases and sentences plugged in to predict “what comes next?” in a sentence, forming complex answers. AI can answer questions, but you should take care it is not always accurate. You may have noticed Google’s new AI Overview, which takes a question you’ve searched, and pulls information from various top performing sites to give you a quick answer without needing to click on a particular website. This is helpful to an extent but should not be taken as ‘gospel’ as if the source AI takes from is wrong, so is the answer.
In family law, AI can be used to make our processes more efficient, saving the lawyer time and saving client money. AI can answer questions outside of office hours, check your documentation for spelling/grammar errors, summarise documents and even take a first-draft note of meetings. It can summarise long documents and organise your thoughts and papers. AI can also help with legal research, but beware, in the US there have been instances of AI entirely inventing cases.
This is likely only the beginning of some more impressive changes. However, as the technology grows we need to be ever more mindful of the pitfalls. Errors are common, answers not always correct, and oversight of activity is very important. AI won’t replace everything your lawyer can do, and family law involves supporting people going through deeply personal, emotional issues, where empathy and understanding is required. AI cannot replace this, but it can be part of the team.
Sarah Scriven on Domestic Abuse Protection Notice Pilot
On 27th November 2024, domestic abuse protection notices (DAPN) and domestic abuse protection orders (DAPO) were introduced by way of a pilot scheme, expected to last one year. It is hoped that these measures will provide better protection to victims of domestic abuse.
The pilot is taking place in certain areas: London boroughs of Croydon, Sutton and Bromley and Greater Manchester. The perpetrator must live in one of these areas.  The British Transport Police are also able to apply for DAPOs.
A Domestic Abuse Protection Notice (DAPN) is issued by police to a perpetrator to provide immediate protection for victims of all forms of domestic abuse, even where there is not enough evidence for a criminal charge. The perpetrator and victim must be personally connected. The police must consider that there are reasonable grounds to believe that a person has been abusive to the other person. The DAPN contains specific instructions to the perpetrator, for example not to attend the victim’s home. If the instructions aren’t followed, the perpetrator could be arrested. If the police issue a DAPN, they will also apply for a DAPO.
A DAPO can also be made by the court to protect victims from all forms of domestic abuse. This order may be made by the court during ongoing criminal family or civil proceedings.  Applications may be made by the police, a victim or by someone not directly involved known as a third party, for example a friend, family member or social workers. Breaching a DAPO is a criminal offence.
Prior to the pilot, the police could issue domestic violence protection orders, but these only last for 48 hours. A victim could make an application to the family court for a non-molestation and/or occupation order and in the criminal court, a restraining order could be made.
The introduction of the DAPN and DAPO give victims, but also organisations such as the police and social workers and third parties such as a friend and family an avenue to use to seek protection and it will no longer be down to the victim to make the relevant application themselves.
A DAPO has no maximum duration, and the court will consider how long it needs to last to protect the victim. A non-molestation will usually last for between 6 to 12 months but can last longer in exceptional circumstances.
If the pilot is successful, DAPNs and DAPOs are expected to replace domestic violence protection orders. It is hoped they will give police a tool that is more effective and provides longer term protection to victims.
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Final Word
I hope you have found this wide array of topics interesting and should you want to find out more about any of the topics we have covered here or any other family law issues please do not hesitate to get in touch.
With best wishes for the festive season,
Julian Hawkhead More

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    Family Law in 2024

    As we come to the end of another year, our lawyers reflect on some of the changes (or lack of!) in family law in 2024, and the impact on people going through family law issues.
    Julian Hawkhead, Senior Partner
    Can it really be a year since I last wrote an introduction to the Stowe Family Law end of year blog? In many respects, time has flown by so quickly, but sadly, as my colleagues discuss in the following articles, where the need for reform in key areas of family law is concerned, progress is not as fast.
    Firstly a few words about Stowe Family Law. It has been quite a year for the firm as we continue increase our capability to support more people as they require family law services increasing the number of specialist lawyers across more locations nationwide. Throughout 2024 we opened more offices taking our total number of locations to 94 and we now have 205 specialist family lawyers. We also said goodbye to Livingbridge as our former partners with whom we have achieved so much over the last 7 years and we welcomed our new partners Investcorp to support us through the next exciting chapter. We have some really exciting plans so watch this space!
    With a new Labour Government in place, now is the time to prioritise a legal system that is there to protect the vulnerable and is readily accessible to those in need. It is an essential foundation for a stable and safe society.
    In other areas of the family law world, we have seen an increased impetus to keep couples out of the court system and encourage them to adopt alternative routes to reaching a resolution whether that is mediation or other forms of dispute resolution. The rules that have been introduced feel more stick (through costs sanctions) than carrot but there is no doubt that a resolution reached consensually is longer lasting and less damaging to all parties.
    The need for rights for couples living together without a legal marriage or civil partnership continues to be an area of focus for family law professionals, although there seems to be diminishing hope that the Government will prioritise reform here. A clear legal framework is necessary to define what happens when cohabiting relationships end is much needed.
    I hope you enjoy reading these short articles written by my colleagues and may I take this opportunity to wish you a very happy Christmas season and a healthy and prosperous 2025.
    Tamara Adams on development in fertility law
    This year has not seen as much progress in fertility law as we, as family law professionals, would have hoped. However, some steps have been taken with the amendment to the Human Fertilisation and Embryology Act 1990. Previously female same-sex couples had to undergo screening for infectious diseases such as hepatitis B, C and rubella which could cost up to £1000 and was prohibitive for many. As of November this year, the screening requirements for same-sex couples are on par with those for heterosexual couples as these requirements have been relaxed. In addition, same-sex couples where one or both partners have an undetectable viral load for HIV will be allowed to pursue IVF treatment.
    The ONS reported that women had an average of 1.44 children between 2022-23, the lowest recorded birth rates. Several reasons have been touted for this drop, including the impact of Covid-19, and social changes with women delaying having children to pursue a career. In this context, there is a need for change in fertility laws to make various methods of alternative journeys to parenthood more accessible and the legal process frictionless.
    Unfortunately, we are still awaiting key changes in surrogacy laws which many family law professionals hope to see. The complexities of legal parenthood being assigned to the birth mother, rather than the intended parents, followed by a lengthy process of transferring parenthood, is complicated, costly and stressful, and can be a deterrent. Recently, Baroness Meron met with the Law Commission to discuss the recommendations made in the Commission’s report which was released in March 2023. It is hoped that the Government will release a response soon, putting surrogacy on the agenda.
    I hope to see more change in 2025, particularly in surrogacy, to protect intended parents and make their journey to parenthood a joyful one.

    Ciara Pugh on the need for cohabitation rights
    Taking the media by storm this year was the fall in marriage rates, as reported by ONS, with rates falling to 49.4%, the first time they have dropped below 50%. Although same-sex marriages increased, and there were an estimated 167,000 people in same-sex marriages in 2022, overall marriage seems to be being replaced by couples choosing to live together as cohabitees.
    The fall in marriage rates reflects a changing society, and the need for the law to maintain pace with shifting priorities and family structures. There are a variety of reasons that could be attributed to the decline. For example, these ONS figures are from 2022, where the impact of the Covid pandemic was still being felt on the wedding industry. Nevertheless, the way we view marriage and relationships is constantly changing, and couples are either delaying or rejecting marriage entirely.
    What this does mean is more people are choosing to live together as cohabitees rather than getting married. Although cohabitation is the fastest growing family type in the UK, as it stands there is little to no financial protection for cohabitees should the couple break up or one party die without leaving a Will. This is the case regardless of length of time living together, or if the couple shares children (though there are some financial claims that can be brought for the benefit of children).
    Family lawyers have been campaigning for cohabitation reform for years. In October 2023, a glimmer of hope appeared in the form of Labour MP Emily Thornberry’s promise to make cohabitation a priority should the Labour Party take hold of Government. Disappointingly, such a reform has failed to land on the Government’s agenda as yet, leaving many individuals vulnerable should their relationship end.
    However, the fall in marriage rates has renewed calls for cohabitation reform. I hope that in the not-too-distant future, there will be financial protection for cohabitees. This could be in the form of an opt-in or opt-out system where couples choose whether they wish to have rights. These are unlikely to be the same as those afforded to married couples, but financial protection is needed to protect vulnerable individuals. Our new Labour Government is confronted with an exciting opportunity to finally reform this highly problematic area of family law and let’s hope we see some change!

    Rachael Lodge on the drive to avoid court
    The Family Justice System has been working hard over the past few years to reduce acrimony in divorce and family proceedings, and to ensure families going through relationship breakdowns have the best chance at setting themselves up for a more positive future. This is all within the context of a struggling court system which is underfunded and over-stretched.
    As such, one of the most significant changes in 2024 was an update to the Family Procedure Rules. These are a set of rules followed by courts nationwide which govern practice and standardise court procedures. In April of this year, the rules were updated to place a greater focus on reaching amicable agreements, using non-court dispute resolutions (NCDR) such as mediation, collaborative family law and arbitration.
    The main changes are a wider definition of what NCDR means, broadening the scope beyond just mediation, and including methods such as arbitration, collaborative divorce and private financial dispute resolution hearings.
    Divorcing couples will now need to actively engage in NCDR, or provide a valid reason why this is not possible by laying out their views in open correspondence. Parties now have to express why NCDR is inappropriate in their case using the new FM5 form (for example, due to safeguarding concerns), where before this was simply a tick box exercise. The exemptions for not taking part in NCDR are more limited, and failure to engage may result in cost sanctions. We have already seen this acted on by Judges in several cases in the latter half of the year.
    Although courts could previously adjourn proceedings where Judges felt NCDR would be appropriate, they can now do this without the agreement of the parties.

    The hope is that moving forward, parties family law issues will be able to find constructive ways to resolve differences instead of using the courts. This will not only give the family courts more breathing room but will mean families can build a better post-separation future. The Ministry of Justice is undertaking a wider push to support families by ensuring they are aware of all the options available to them and supported throughout.
    Emily Davies on the Pathfinder Pilot
    The Pathfinder Pilot was initially introduced in March 2022, launched in a small number of family courts, to trial improved information sharing between services like local authorities with the courts. The pilot was a response to a review into the Family Justice System that highlighted how the adversarial nature of family courts and the system itself worsened conflict and further traumatised domestic abuse victims and children. Almost three years later, now is a great opportunity to reflect on the change and development in the pilot itself, and the impact it has had on families.
    The pilot model requires detailed investigations to be conducted by Cafcass – the independent body advising family courts what is safe for, and in the best interests of, the children. Cafcass will prepare a Child Impact report, where they have an opportunity to hear from the child/children before the first hearing to better understand their worries, wishes and feelings, and to evaluate the potential impact of the ongoing family law proceedings, on the child/children involved. Cafcass also investigates any welfare issues, allegations of domestic abuse, and identifies whether non-court dispute resolution would be appropriate. The pilot aims to ensure that children of separating parents are listened to throughout the process, and are given more opportunities to express themselves, as well as improve the experience of survivors of domestic abuse.
    Furthermore, the Pathfinder scheme is working to minimise the trauma domestic abuse victims (and their children) experience going through the justice system when separating from their abusive partner. The improved information sharing through the holistic multi-agency approach and early onset information gathering, means victims do not have to be re-traumatised by telling their story multiple times.
    February 2024 saw the end of the initial phase of the pilot, and it was then rolled out to two further locations, Birmingham, and South-East Wales, ahead of a planned national rollout. Although the national rollout has yet to be confirmed, the progress made by the initial phases of the pilot have been positive. The change in process is being carefully monitored by legal professionals, as well as policymakers and Cafcass.
    At present, it is apparent that a national rollout is not yet on the cards. However, I hope a review into the pilot will be produced in 2025, looking ahead to a nationwide implementation as the family justice system moves towards less adversarial, non-court-based approaches.
    Read more about the Pathfinder Pilot.
     Jake Mitchell on AI and Family Law
    Technology is evolving, and in 2024 we have felt its impact in the legal world. Some of the fastest moving tech is the use of Artificial Intelligent (AI) and its usage in family law.
    AI is not robots, but computer simulation. In law, language models like ChatGPT have an enormous amount of data, phrases and sentences plugged in to predict “what comes next?” in a sentence, forming complex answers. AI can answer questions, but you should take care it is not always accurate. You may have noticed Google’s new AI Overview, which takes a question you’ve searched, and pulls information from various top performing sites to give you a quick answer without needing to click on a particular website. This is helpful to an extent but should not be taken as ‘gospel’ as if the source AI takes from is wrong, so is the answer.
    In family law, AI can be used to make our processes more efficient, saving the lawyer time and saving client money. AI can answer questions outside of office hours, check your documentation for spelling/grammar errors, summarise documents and even take a first-draft note of meetings. It can summarise long documents and organise your thoughts and papers. AI can also help with legal research, but beware, in the US there have been instances of AI entirely inventing cases.
    This is likely only the beginning of some more impressive changes. However, as the technology grows we need to be ever more mindful of the pitfalls. Errors are common, answers not always correct, and oversight of activity is very important. AI won’t replace everything your lawyer can do, and family law involves supporting people going through deeply personal, emotional issues, where empathy and understanding is required. AI cannot replace this, but it can be part of the team.
    Sarah Scriven on Domestic Abuse Protection Notice Pilot
    On 27th November 2024, domestic abuse protection notices (DAPN) and domestic abuse protection orders (DAPO) were introduced by way of a pilot scheme, expected to last one year. It is hoped that these measures will provide better protection to victims of domestic abuse.
    The pilot is taking place in certain areas: London boroughs of Croydon, Sutton and Bromley and Greater Manchester. The perpetrator must live in one of these areas.  The British Transport Police are also able to apply for DAPOs.
    A Domestic Abuse Protection Notice (DAPN) is issued by police to a perpetrator to provide immediate protection for victims of all forms of domestic abuse, even where there is not enough evidence for a criminal charge. The perpetrator and victim must be personally connected. The police must consider that there are reasonable grounds to believe that a person has been abusive to the other person. The DAPN contains specific instructions to the perpetrator, for example not to attend the victim’s home. If the instructions aren’t followed, the perpetrator could be arrested. If the police issue a DAPN, they will also apply for a DAPO.
    A DAPO can also be made by the court to protect victims from all forms of domestic abuse. This order may be made by the court during ongoing criminal family or civil proceedings.  Applications may be made by the police, a victim or by someone not directly involved known as a third party, for example a friend, family member or social workers. Breaching a DAPO is a criminal offence.
    Prior to the pilot, the police could issue domestic violence protection orders, but these only last for 48 hours. A victim could make an application to the family court for a non-molestation and/or occupation order and in the criminal court, a restraining order could be made.
    The introduction of the DAPN and DAPO give victims, but also organisations such as the police and social workers and third parties such as a friend and family an avenue to use to seek protection and it will no longer be down to the victim to make the relevant application themselves.
    A DAPO has no maximum duration, and the court will consider how long it needs to last to protect the victim. A non-molestation will usually last for between 6 to 12 months but can last longer in exceptional circumstances.
    If the pilot is successful, DAPNs and DAPOs are expected to replace domestic violence protection orders. It is hoped they will give police a tool that is more effective and provides longer term protection to victims.
    [embedded content]
    Final Word
    I hope you have found this wide array of topics interesting and should you want to find out more about any of the topics we have covered here or any other family law issues please do not hesitate to get in touch.
    With best wishes for the festive season,
    Julian Hawkhead More

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    in Family Law

    Law Commission publishes scoping report on financial remedies

    The Law Commission has published a scoping report dealing with financial remedies on divorce and dissolution on 18 December 2024.  This report has been prepared to ascertain whether the current law provides a coercive-enough framework for couples going through divorce or dissolution, to identify problems with the current law, and to suggest models for which reform could be based on.  It is important to note that the Law Commission is clear that they are not recommending a reform for the law itself within the report.
    Judit Kerese, Associate at Stowe Family Law, explores the report.
    The law that governs financial remedies on divorce is the Matrimonial Causes Act 1973.  The court has a wide discretion to decide how Orders should be made.  Whilst Section 25 of the Matrimonial Causes Act sets out the list of factors that the court would consider when deciding on finances, these are interpreted subjectively by legal practitioners and judges. Another issue is that there is a lack of definition for the purpose or objective of the statute itself.  Whilst published case law helps in understanding how the statute is to be interpreted, for example setting out that there is an equal sharing as a starting point, there is no definition of what fairness or what needs are.
    The main issue identified by the report is that the wide discretion and uncertainty around the law makes it difficult for divorcing couples to understand what a fair settlement would look like, and the court’s level of discretion encourages a disagreement.  Given that each individual situation is interpreted subjectively, people can be given different advice about expectation of an outcome.  This is even more problematic for those that cannot afford legal advice.  The report is concerned that this level of uncertainty is promoting dispute rather than settlement.
    Read about the importance of a financial settlement.
    The report sets out recommendations for four models which law reform could be based on:

    Codification which brings settled case law principles into statutory form, and whilst the substance of law would not be reformed, it would be presented within a coercive framework.
    Codification plus would bring the above-mentioned codification in addition to some reform of the law.
    Guided discretion would require that legislation is set out as to how discretion can be exercised and it would provide a similar framework as to what some other countries already exercise.
    Default regime would set out a new set of rules to dictate a high level of certainty, retaining the possible use of some limited discretion, this is widely used in some European jurisdictions whereby a number of pillars deal with each aspect of the finances on divorce.

    The scoping report and its recommendations are widely welcomed in the family law community.  The report is a helpful summary of the issues we face day-to-day.  Whilst it is important to remember that no two cases are ever the same, having a framework in which parties can expect a fair outcome would be helpful to provide a level of certainty.  Suggestions of further definitions such as setting out what ‘needs’ are also welcomed as parties often have very differing expectations of what they can expect to receive to ensure that their capital and income needs are met.
    The Law Commission’s report also touches on other areas of family law that could be considered for reform.  For example, the Law Commission previously recommended in their 2014 report that there should be an option for marrying couples to have a “Qualifying Nuptial Agreement” in place.  Currently, Pre and Post Nuptial Agreements are not legally binding, however they will be recognised by the court and have a decisive weight as long as they are prepared the right way.  This is another example of how the law currently does not provide certainty even when parties have the intention for an agreement to be binding.

    Another area of reform recommended is how conduct is considered in financial cases.  As the law currently stands, conduct is only considered in very few cases where the conduct is such that it would be inequitable to disregard. It is difficult for conduct to reach this threshold even when there is ongoing serious domestic abuse present in a relationship as it is often difficult to prove that it is “gross and obvious” in the current interpretation.  The Law Commission recommends that there should be a review of how conduct is considered and that there should be a greater recognition of domestic abuse itself as conduct.  Case law could clarify what forms of behaviour would be considered as contact conduct, the impact that it would have on a financial claim and a process used when making allegations of conduct.
    Finally, there is also recommendations within the report for there to be clarity around pensions.  The report states that 24% of divorcing couples did not know if their spouse even had a private pension, let alone about the value of the same.  Statistically, women are less likely than men to know if their spouse had a pension and men tend to have greater pension provisions.  Whilst the court can make Orders dividing people’s pensions, only 11% of divorcing couples had pension sharing arrangements in place.  The report expressed concerns over the fact that even if there is pension offsetting, this may leave the financially weaker party in an unfair situation as their long-term financial wellbeing is potentially ignored in favour of ensuring that their immediate needs are met.

    Overall, the recommendations of the report are welcomed and it is hoped that the government will consider this with an interim response shortly as well as with a full response in due course.  It is hoped that if there was a framework in place, couples could go through divorce more amicably ensuring that they are fully aware of what a  fair outcome in a case would be.  It is apparent that certain areas such as Nuptial Agreements are due for reform considering that the previous report with recommendations was published 10 years ago.  We have seen a significant increase in a number of Pre and Post Nuptial Agreements prepared and it is therefore evident that many couples entering into marriages and civil partnerships wish to have their intentions around financial matters recorded in a legally binding way.

    Useful links
    Prenups, petnups and postnups: a pragmatic approach to marriage
    New report calls for fairer outcomes for victims of domestic abuse in financial remedy proceedings

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    in Family Law

    What does the Autumn Budget mean for Family Law?

    Labour’s first budget in 14 years was delivered on 30th October 2024, bringing in significant changes for tax particularly. But what does this mean for family law, and people going through divorce and relationship breakdown?
    Capital Gains Tax 
    One of the biggest changes for couples going through divorce is the increase to Capital Gains Tax (CGT). From the end of October 2024, the tax rates will have increased from 10%-18% for basic rates taxpayers, and 20-24% for the higher rate taxpayer.
    This significant rise is likely to impact a wide spectrum of couples who have assets where CGT will be applied upon sale. For example, couples with investment properties, second homes, stocks outside Isas and even collections of jewellery or artwork will be affected.
    The increased rate will mean any assets sold as part of the financial agreement will be subject to more tax. This reduces the overall profit from sale, shrinking the matrimonial pot and therefore how much is available to share between the separating couple.
    Where couples are amid their financial negotiations, it is best to seek expert legal and financial advice to fully understand the effect that this change might have, and where adjustments might need to be made before making a final settlement.
    If the ex-couple has finalised their financial consent order and it has been approved by the court, unfortunately the agreements made within this settlement will be legally binding. Once a financial order is made by the court, it is extremely difficult for it to be amended, so the ex-couple may be faced with less income from yet-to-be sold assets.
    If you are already divorced, with a financial settlement in place, you may be able to make an informal agreement with your ex-spouse based on the updated income you are likely to get from CGT-applied assets. However, your legal arrangement will still stand. If you have concerns, please contact an expert financial adviser.

    Inheritance Tax
    In the weeks leading up to the Budget, the media reported a number of expected changes around inheritance tax. However, the Chancellor announced that inheritance tax rates would continue to be frozen for the next two years.
    Although this does mean no change yet to lower the nil-band rate, the further freeze will mean that an increasing number of people will be subject to greater tax liability as the value of assets increases over time. This therefore means their beneficiary receives less in the way of inheritance.
    Please speak to an expert financial adviser
    Private School VAT
    From January 2025, the VAT exemption currently applied to private schools in England and Wales will be removed, meaning some schools may have to increase their fees. This could well have a direct impact on divorced couples, and those currently negotiating settlements. Where private schools feature, fees should always be included as part of a settlement. However, if these fees rise by 20% because of the removal of the VAT exemption, further negotiation may be required.
    It is important to note that if the rise in school fees means there is not enough money to share between the separating couple, a judge is likely to require that the children be moved out of private education.
    Parents who have sealed agreements will be bound to these, although it may be possible to make an informal arrangement and ask the non-paying parent for more money. Where this is refused or impossible, children may need to be moved into state education.
    Conclusion
    If you are currently going through divorce, please seek expert legal and financial advice to understand the potential impact of the autumn budget on your negotiations.
    If you struggle to make progress in discussions with your ex, mediation and other non-court resolution methods can be very helpful. Talk to an expert family lawyer about your suitable options.
    Useful Links
    How to protect your money during divorce
    Private school fees after divorce
    Do I need a financial settlement?

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    in Family Law

    New report calls for fairer outcomes for victims of domestic abuse in financial remedy proceedings

    Resolution has recently released a new report offering insight into the interplay of domestic abuse and financial settlements in divorce, making recommendations for better protection for victim-survivors.
    Resolution is an organisation made up of family justice professionals who work with families and individuals to resolve disputes and issues around familial breakdown in a constructive way.
    The report calls for a cultural shift in the family justice system to better meet the needs of victim-survivors of domestic abuse, particularly when they are seeking financial resolutions upon divorce. The organisation conducted a survey of 500 family justice professionals, where 80% of respondents felt domestic abuse as not sufficiently considered by the court when deciding financial outcomes in divorce.
    Resolution have made a number of recommendations to help improve the experience of domestic-abuse victim survivors going through financial proceedings and reduce the long-term financial and emotional impact of divorce.
    There has also been discussion around the amount of ongoing abuse that occurs from the point a couple separates until the Court makes orders, particularly where perpetrators use the system to abuse their ex-partner further, economically, and emotionally.
    Judit Kerese, an Associate at Stowe Family Law, responds to the recommendations made by Resolution.
    The report has been a long-overdue insight into a system that currently is failing victim-survivors of domestic abuse. It is clear that family law professionals are aware of the desperate need for change. The recommendations, therefore, are welcome.
    It is all too common for perpetrators of domestic abuse to be in a position where they can assert financial control over their victim and continue to behave in a way that will either lead to victims not pursuing what they are entitled to upon separation, or simply having to be subjected to ongoing bad behaviour.
    One of the most significant recommendations is to amend the overriding objective of Part 1 of the Family Procedure Rules 2010 to mean that dealing with a case ‘justly’ means to ‘ensure the parties are safeguarded from domestic abuse’. Many victims of domestic abuse suffer from financial abuse in the short term, and often return to their abuser due to fear of financial stability. Ensuring parties are protected throughout proceedings will hopefully minimise cases of this.
    Further, the recommendation of amendments to the Financial Remedies Court Efficiency Statements to include specific reference to the need to ensure that financial proceedings are not used by perpetrators to facilitate domestic abuse, is a welcome change. There should be robust measures in place to prevent such behaviour, and ensure, as with changes to the overriding objective that victim-survivors are safeguarded.
    However, there is still a way to go, and some recommendations need more attention. For example, increasing legal aid rates to help legal aid providers be sufficiently funded to act for victim-survivors. Although legal aid funding is limited, this could add additional pressure to domestic abuse victims, many of whom are not able to meet the payments already required. This may result in victims feeling trapped with their abuser due to financial worries.
    The Government’s response remains to be seen. With a recent change in Government, and focuses shifting, it may be a while before we see real change in this area, despite the urgent need and renewed calls. I hope there will be implementation of Resolution’s recommendations before long, to offer proper justice to domestic abuse survivors.
    If you or someone you know is in immediate danger, please call the police on 999 or phone the Domestic Abuse Helpline 0808 2000 247
    Please note that Stowe Family Law cannot offer Legal Aid.

    Useful Links
    Economic abuse in financial remedy proceedings
    Read the full Resolution report

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    in Family Law

    Property and divorce – Mesher Orders and Martin Orders

    Dividing matrimonial assets after divorce is difficult at the best of times, but what options are there when there’s not enough money for both parties to rehouse independently Mesher and Martin Orders are legal tools used in divorce and civil partnership dissolution financial settlements to manage home ownership and sales, helping to adjust finances when dividing matrimonial assets.

    They each address situations where there isn’t enough money available for both spouses to rehouse themselves by deferring the ‘clean break’ element of a divorce financial settlement and allowing one party to remain in a property whilst the other retains their interest in it.
    Because the parties retain their interest in the property even after their marriage has ended, both orders are complex and typically suitable only in specific circumstances.
    Here we explain the differences between the two orders and the scenarios in which they may be used.

    What is a Mesher Order?
    A Mesher Order allows for a delay to the sale of a property for a finite period of time, or until a specified event occurs in relation to the children of the family, enabling one party and children to continue living there.
    Importantly, under a Mesher Order, the home remains jointly owned by the former spouses, even after the divorce has been finalised. Each partner has a defined share, and it is possible for both parties to continue to be responsible for mortgage payments, maintenance, and insurance.
    Mesher Orders are often used when one partner wants to stay in the family home with the children of the family, but they don’t have the financial means to take over the mortgage alone or rehouse themselves in any other way.
    The ‘triggers’ for a sale will often include specified events such as:

    The couple’s youngest child turning 18
    The youngest child completing secondary education
    The resident partner remarries
    The death of the resident partner.

    At this point, the order will trigger the sale of the property, and the proceeds will be split between partners according to the agreed shares within the divorce financial settlement.
    What is a Martin Order?
    A Martin Order similarly allows for a delay to the sale of a property but enables one partner to have the right to live in the property for their lifetime or until they remarry.
    Unlike Mesher Orders, a Martin Order is not dependent on the age of children, so these orders are typically used to settle the division of assets of divorcing couples without dependent children.
    Martin Orders are appropriate when one partner would be unable to rehouse themselves if the marital home were sold. It must also be established that the other partner has the financial means to meet their housing needs, has other properties that provide sufficient housing or does not need the capital from selling the marital home to support themselves financially.
    Rather than being linked to the ages of a couple’s children, the trigger events that can result in the sale of a property involved in a Martin Order include:

    The resident partner re-marries
    The resident partner moves in with a new partner
    The death of the resident partner.

    Are they a good idea?
    It depends on the circumstances. Mesher and Martin Orders are often a last resort. Instead, where possible, it can be better to sever financial ties between divorcing couples to help avoid future problems when the property is sold.
    It’s crucial to get legal advice before making any decisions, as there may be other options available that would achieve a better financial outcome for you.
    Unsure how to manage property division in your divorce settlement?
    Divorce and Civil Partnership financial settlements can have a long-lasting, material impact on your life. Choosing the right path is complex and varies from couple to couple.
    Our specialist family lawyers can help you avoid pitfalls by offering an expert assessment of your divorce finances and the full range of options available, so you can move forward with increased certainty.
    More divorce finances resources
    Stowe Support – Finances
    Divorce and property: what you need to know
    What happens to the family home when I get divorced? More

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    in Family Law

    A Beginner’s Guide to Divorce

    The thought of divorce, and all it entails, can be overwhelming, whether you made the decision to end your marriage, or it was made for you.
    There are so many things to consider, aside from the straightforward legal process of getting divorce, including separating finances, and making child arrangements. On top of the practical elements, there is the deeply emotional side of divorce.
    For ease, we refer to marriage, divorce, and ex-spouse, but the same applies to ending a civil partnership with dissolution.
    We explore all this in depth in our How To Handbook: A Beginner’s Guide to Divorce.
    How to get divorced?
    The legal process of ending your marriage is the same for everyone, and unfortunately there is no quick way of doing it. You need to apply for divorce online (or send the form via post). You can do this as a sole applicant, or jointly. Once you have both acknowledged the application, you have a 20-week cooling-off period.
    After this, you apply for your Conditional Order (previously the Decree Nisi), which means the court approves your divorce. Once this has been granted, you have another 6 week wait until you can apply for your Final Order (previously Decree Absolute). When the family court grants this, your divorce is finalised, and your marriage is legally dissolved.
    Whilst this seems like a long time, it is a good opportunity to get all your arrangements sorted for life post-divorce. Most couples use this time to negotiate their finances and get a financial consent order drafted, to be approved by the court.
    Arranging your finances in divorce
    Money is often one of the most problematic aspects of divorce. However, whilst it can be an area of dispute, there are methods of negotiating a financial settlement amicably. For example, some couples use mediation, or another form of alternative dispute resolution.
    Our Divorce Calculator can give you an initial idea of what you might receive in a financial settlement based on the information you input. However, it is important to discuss your arrangements with a family lawyer, and a financial adviser if necessary.
    It is highly recommended that you get what is known as a financial consent order in place before you are granted a final order and your divorce is finalised. There are several risks to not doing this, including leaving yourself vulnerable to future financial claims from your ex.
    A financial consent order explains how your money, property, pensions, and other joint and personal assets will be separated after divorce. A court needs to approve the consent order, and it is important that the document is drafted by an expert family lawyer.

    Child arrangements
    Making child arrangements can be emotionally and practically taxing. It is always preferable that separating parents negotiate a parenting plan between themselves, although you can always seek legal support for this.
    If you are unable to make arrangements between yourselves, you may need a form of dispute resolution, or court intervention.
    A child arrangements order is a court order which explains the agreements made by the parents on who is responsible for the child, where they will live, and time spent with each parent. It is a legally binding order.
    Emotional wellbeing during divorce
    Divorce is rarely a walk in the park. It is important that throughout the process, and beyond, that you seek emotional support if and when you need it.
    This can be in a form to suit your needs, for example therapy or counselling, or asking for help from your GP.
    Divorce coaching is a great, and tailored, support system for those in pre-divorce stages, throughout the divorce process and afterwards. A divorce coach works alongside your legal team to provide emotional and practical help.
    You can find out more about divorce coaching, and our Stowe Family Law partner divorce coaches here.
    Most people are ‘new’ to divorce. Our Beginner’s Guide to Divorce Handbook is an in depth resource to help you get started, give insight into the various obstacles you might come across and guidance on where to find help. We cover how to choose a lawyer, the legal process of divorce, negotiating finances, child arrangements, emotional support as well as debunking divorce myths.
    Download the guide here.
    Useful Links

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    Navigate the Complexities of Separation and Divorce with Family Mediation

    What to do if you think your marriage is over More

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    in Family Law

    AI relationships: Can I marry my AI girlfriend?

    Relationships are rarely always easy. They take work and they can be a bit of a rollercoaster.
    This might be one of the main drivers behind the rising trend of AI relationships, which are becoming hugely popular in a society that relies so heavily on technology. Statistics from whatsthebigdata.com revealed that 47% of users of one of the most popular AI dating sites would have an AI girlfriend for a long-term partnership, and there are 12 AI girlfriend apps, with over 1 million monthly users.
    Another trend is working in parallel; dating apps like Tinder are using AI to help users tailor their profile and create the perfect messages to send to potential matches. There is also a new service offering a chatbot version of the user themselves who messages the potential match on their behalf to see if they would make a good fit, before they connect as real humans.
    But what are the laws around AI girlfriends, and how is the trend impacting modern day relationships?
    Why would you have an AI girlfriend?
    Lots of people are choosing to have an AI girlfriend to combat what is being termed the ‘loneliness epidemic’. AI partners are there for a conversation whenever you need them, whether at home, on the commute to work, or at the gym. This can help users feel less lonely and almost as though there is a real listening ear.
    The chatbots are clever – the more you talk, the better it gets to know you and learns how to tailor responses to things you would like to hear, and your unique interests. For some people, this removes the stress and anxiety around the unknown of a human partner who has their own mind.
    It can also be helpful for those who struggle with social interaction as it builds confidence in communicating.

    What are the cons of an AI girlfriend?
    Psychologists and other experts have argued that AI partners are gradually removing genuine interaction – something we need as humans to function. There are plenty of worrying tales, and social isolation has a huge impact on mental and physical wellbeing. Some consider AI relationships to be toxic, in the way that they can completely take over the user’s life, and the AI bot almost ‘love-bombs‘ the user.
    There is a danger that in using AI to create the perfect partner, expectations of real relationships become skewed, and disappointment in real people leads to a cycle of continuing with the AI relationship, and lack of human interaction.
    Is it legal?
    AI girlfriends, and other AI partners, are legal if you meet the minimum age requirement for the app or website. Most of these sites require you to be 18 because they collect personal data.
    But what happens if the ‘relationship’ is successful. Can you marry an AI partner?
    Put simply, no. In UK law, you cannot marry an inanimate object, or a robot. However, there are several grey areas in English law, including consent. Both parties have to consent to the marriage and also must have the capacity to consent.
    Does AI have the capacity to consent? As they are only ever exposed to the user, there is potentially not enough remit for them to consent to marriage as they have not experienced enough of the world to make a genuine choice about their marriage partner.
    Nevertheless, you can have a symbolic marriage, which is not recognised as a valid marriage, but may be meaningful.
    Modern relationships
    Although marriage with robots, and inanimate objects, has long been in discussion, there has never been a clear answer. Many anticipated that eventually, technology would become smart enough to hold real relationships, and we see it in the movies all the time.
    Trends are changing, and whether this is good or bad is still to be discovered. Relationships are kept on a pedestal, with many people wanting to find a perfect partner and perfect relationship that does not exist… except when it is tailored exactly to our wishes.
    Will we see AI marriage in the future? And what will this mean for divorce? Are there any assets to divide? Will the laws have to change to keep up with the shifting relationship landscape? More

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    in Family Law

    Transparency Pilot expanded to include private family law cases

    The Transparency pilot in a select number of family courts has been extended to now allow accredited journalists and legal bloggers to report on what they see and hear in private law cases, including children matters. This is another significant step in enhancing transparency within the family justice system and building trust and confidence.

    Background to the pilot
    The pilot was originally launched by the Family Division’s Transparency Implementation Group in January 2023, initially in three courts, Leeds, Cardiff and Carlisle. The media were able to report on certain public law cases, within specific regulations and under anonymity rules. In January 2024, after a ‘pioneering year of reporting’, the scheme was extended to sixteen further courts, including Liverpool, Milton Keynes and Dorset. In addition, private law cases were opened to the media in the original three courts.
    The Transparency Pilot aims to improve trust in the court system, and by encouraging journalists to witness cases, the hope was that journalists would use their rights to raise public awareness of the workings of the family courts.
    Although there have been concerns about the potential discomfort the presence of journalists could cause to families going through a court case, the pilot is being carefully monitored by the Transparency Implementation Group, with strict anonymity rules.
    The pilot has already seen significant successes and coverage, including a mini-series on BBC Radio 4’s Today Programme, the Press Association, BBC news, the Sunday Times, and the Guardian, to name just a few. In after the first year, President of the Family Division Sir Andrew McFarlane hailed the pilot as a ‘pioneering year of reporting’.
    Extension July 2024
    As of 15th July 2024, the pilot has been extended to now allow reporters access to private law cases, including children matters, in the latter sixteen courts. The control measures remain in place, and reporting is at the judge’s discretion, and if permitted, will be under a Transparency Order, protecting families and specifically children.
    The judiciary is committed to fostering a better understanding of the family justice system and improving confidence in it. The pilot aims to provide insight into the handling of public and private law cases, considering that one of the biggest barriers to people seeking legal help is the misinformation around court and legal processes. More