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    Navigating the Conversation: Telling Your Children About Your New Partner After Divorce

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    Chloe O., one of our partner divorce coaches, discusses how to tell your children about your new partner after divorce.
    Divorce can be a challenging and emotionally taxing experience for parents and children alike. Amidst the changes and transitions, one delicate conversation arises: how to tell your children that you have met someone new. This pivotal discussion requires sensitivity, honesty, and a deep understanding of your children’s emotions. Here are some strategies to help you navigate this conversation with care.
    Don’t rush it
    Avoid introducing your new partner to your children right away. Remember that your children have already experienced a lot of changes in their family setup and stability is very important for them. Take time to build a strong foundation in your relationship before involving the children. It may be very exciting at first to have met someone new, but your children might still be adapting to their post-divorce family life and may require more time. If this is truly someone you intend to stay with, then waiting a few more months before introducing them won’t make a big difference. Once you do decide to take that step, respect your children’s pace in accepting your new partner. Understand that they may need time to process the news and adjust to the changes.
    Similarly, the first introduction should be kept short and informal. Take your time in expanding the amount of time the children spend with your new partner. Instead, try to use the time when they are with their other parent to focus on your love life and keep your parenting time to concentrate on the children. Steps such as your partner staying overnight when the children are at your house or going away on holidays together will need to be carefully considered and introduced only when the children have fully adapted to the new situation.
    Plan it properly
    Make sure you do things in the right order. If you are able to, the best approach would always be to speak to your ex first to align on the best approach for breaking the news. Discuss whether they want to be present when you tell the children. One of the pieces of advice I give to my clients as part of the divorce process is to establish some ground rules with regards to how new partners will be introduced. Must the relationship be of a certain duration? Does your ex get to meet the person first? How soon after the introduction will your new partner spend the night at your house or go on holidays with you and your children? If these are areas for concern, establishing a reciprocal code of conduct for these matters can help avoid conflict later on.
    As with any important conversation, you will want to make sure you consider the best time for it. This is both the best time of day/week and the best time in your child’s life. If they are going through a hard time at school for example, it may be worth waiting a few more weeks before speaking to them. In general, it is good advice to avoid discussing these topics during or immediately after significant events such holidays or birthdays. Ensure that everyone is in a calm and relaxed state of mind, free from distractions and interruptions.
    The place where you choose to have this conversation and who will be present are also important factors to consider when planning for this announcement. In general, it is best to try to keep things informal rather than set up a special occasion for the big reveal.
    Last but definitely not least, you’ll want to spend some time thinking through what exactly you want to say. Practicing with a friend can be helpful. As a Divorce Coach, I often practice role playing with clients to help them prepare answers to various possible questions or reactions from the children. In defining the words you want to use, you’ll want to consider various factors such as the children’s age, how they were affected by the divorce, how long you have been separated from their other parent, etc.

    Be honest and direct
    When discussing your new relationship, honesty is paramount. Be upfront with your children about your feelings and intentions. Use age-appropriate language and avoid hiding or sugar-coating the truth. However, refrain from divulging unnecessary details that may overwhelm or confuse them. Once again, making sure your message is fully thought through will really matter. If there is a very large age gap between you children, you may want to speak to them separately, albeit as close to each other as possible, to be able to address the specific concerns they have at their various ages.
    In the preparation phase, you will have prepared possible answers to questions and concerns your children might raise. It is absolutely acceptable to not have the answers to all their questions, and to say so! Being truthful and open is what matters most as it will make them feel comfortable with revisiting the subject later and sharing their feelings. Remember, though that you are not asking your children for permission here, you are informing them of a new situation. They will need to understand that the new relationship is a choice you have made and that it remains entirely your choice.
    Validate their feelings and reassure them
    As with the announcement of the divorce itself, your main objective is to make your children feel safe in light of this new change to their life. No matter how they react, acknowledge and validate your children’s emotions. Understand that they may experience a range of feelings, including confusion, anger, sadness, or even excitement. Encourage open communication and assure them that their feelings are valid and respected. Create a supportive environment where your children feel comfortable expressing their thoughts and asking questions. Be receptive to their feedback. Address any concerns or apprehensions they may have with empathy and understanding.
    Keep in mind that a moment that you may have spent several months planning for might end up feeling anti-climactic. You may have had months to process this latest change to your family life, but your children are only at the beginning of that journey. There is a strong chance they might not say much at first and may need some time to process before they ask any questions. Once you have explained the situation to them, whether they choose to discuss it further or not, make sure you leave the door open for questions later, when they feel ready.
    Through the words you choose and the way you position the new person, focus on reassuring your children that your love for them remains unchanged. Emphasise that your new relationship does not diminish the love and bond you share with them. Offer reassurance that they will always be a priority in your life.
    Avoid pushing your new partner onto them
    One last piece of advice: try to avoid setting up your new partner as someone they are going to love. While you clearly love that person, your child may initially reject them. Avoid phrases that suggest that they are expected to love this person the same way you do. Even if you really want them to like them, you are trying to avoid placing undue pressure on your children to feel attachment to a new parental figure. They will already instinctively know that you care for this person and that you ideally want them to have a good relationship, there is no need to point it out.
    Finally, it is always recommended to be careful with your words and actions so that your children don’t feel like your new partner is in any way replacing their other parent. Stay away from terminologies such as “step-father” or “step-mother” until the children choose to use them, and no matter how serious the relationship gets, don’t make them call your new partner “Mum” or “Dad”. The objective here is to avoid pressuring them to embrace your relationship and to allow them to express their thoughts and concerns openly.
    Conclusion
    Telling your children about your new partner after divorce is a significant milestone in your journey as a family. Approach the conversation with sensitivity, honesty, and empathy. Validate your children’s feelings, reassure them of your love, and respect their pace in accepting the changes. By fostering open communication and creating a supportive environment, you can navigate this transition with care and compassion, strengthening the bond within your family along the way.
    More about Chloe
    Chloe O is a Certified Divorce Coach and conflict resolution specialist. She works with her clients to support them through the ups and downs of divorce, helping them to part ways more peacefully in order to preserve their children’s and their own wellbeing. Chloe offers a free discovery call for new clients, so don’t hesitate to get in touch if you want to discuss your specific situation and challenges.
    Useful Links
    More by Chloe O.
    Starting your divorce with the right negotiation mindset
    What to avoid doing on social media during your divorce

    Other Links
    Can my ex stop me moving away with the children?
    Separated parents choosing schools
    How to support teenagers through divorce
    Blended families and step-parents – a beginners guide

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      Changes to Family Procedure Rules

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      From 29th April 2024 there will be changes to the Family Procedure Rules (FPR). The current rules have been in place since 2010 and are being updated to place greater expectation on courts, family practitioners and families going through breakdown to use non-court-based methods to resolve financial and children matters.
      What are the FPR?
      The Family Procedure rules govern the process and procedures used in the family court system in England and Wales. They are governed by a committee, the Family Procedure Rule Committee.
      The Rules provide practice directions – essentially how the family courts should run, the powers the Judge has, forms, documentation, etc. They standardise court procedures and practice across England and Wales.
      What are the changes?
      The FPR are being updated to include a new, wider definition of non-court dispute resolution (NCDR). Previously, this has focused on mediation, but will be extended to encompass methods such as collaborative divorce, arbitration, and private financial dispute resolutions.
      The main thing divorcing couples will need to be aware of is that they will now need to set out their views on NCDR in open correspondence, alongside a signed statement of truth. They will be asked to genuinely consider out-of-court methods.
      A failure to engage with NCDR without good reason (for example, the case involves domestic abuse), will likely have cost sanctions, and may affect who pays the litigation fees in financial dispute cases.
      Circumstances that qualified for mediation exemption will also be narrowed.
      Courts will also have the power to adjourn proceedings if the Judge feels that NCDR would be appropriate, allowing time for the couple to engage in a form of NCDR. This can now happen whether the couple agrees to it or not.
      These changes will mean a considerable cultural shift, helping couples explore ways of resolving their disputes without going to court.
      The aims are:

      Support amicable dispute resolution
      Support the wellbeing of children by keeping matters out of court
      To relieve pressure on the courts

      What options are there for non-court dispute resolution (NCDR)?
      Divorce is rarely straightforward, and no two cases are the same. Your solicitor will be able to explore your options of NCDR with you at your first consultation to see which, if any, will be appropriate in your unique case.
      Some examples of NCDR include:

      What does this mean for me going through a divorce?
      The key thing to be aware of is that you will no longer be able to simply tick a box to say that mediation is not appropriate for your case. Where NCDR is not possible, you will need to explain to the court why this is.
      Failure to engage in NCDR without a valid reason will likely come with cost sanctions.
      This is part of a wider drive by the Ministry of Justice to support families going through relationship breakdown by ensuring they are fully informed of the options available to them and supported throughout the process.
      Useful Links
      Court Fees Rising May 2024
      A Guide to Financial Dispute Resolution More

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      Family Court Fees to Rise

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      The Family Court fees are expected to rise soon, as a result of the Government’s proposal that court fees should increase by up to 10% in 2024. It is anticipated that these changes will happen in April 2024.
      The Ministry of Justice has stated that ‘implementing increases to court and tribunal fees is vital to our ongoing work to protect access to the courts for all those who seek justice.’
      The aim is to ensure that the courts can be properly resourced, as the increases will generate between £34 million and £42 million a year.
      Court fees have not increased since 2021, and the incoming change is to ensure that the courts can keep pace with increased costs, as well as improving service and reduce the taxpayer’s costs. The increased income will also support in subsidising the cost of the free services offered by the family courts.
      Prospective changes will include changes to the cost of getting a divorce or civil partnership dissolution, as well as price increases for child arrangements orders, financial orders that are not by consent, and applications for parental orders.
      Below we break down the changes.
      When the changes come in, the cost of a divorce/civil partnership dissolution application is set to rise from £593 to £652.
      Child arrangements orders will also see an increase in cost, rising from £232 to £255. Child arrangements orders are put in place by the court to set out responsibilities regarding children, including their living arrangements and their contact with both parents.
      Other children issues will also see the same cost increase, including orders such as Specific Issue Orders, Prohibited Steps Orders and Special Guardianship Orders, as well as applications for parental orders.
      The cost of an application for adoption, or permission to apply for adoption will rise from £183 to £201.
      A financial order application, not by consent, will see a cost rise from £275 to £303.
      In addition, financial consent orders are set to rise from £53 to £58.
      The Government website has a full breakdown of all the fee changes. More

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      A Guide to Prohibited Steps Orders

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      The breakup of a family can be a time of heightened emotions and in some cases, it may be necessary for the family court to enforce legal structures to prevent problems in relation to child arrangements.
      One example of this is a Prohibited Steps Order (PSO), which is sometimes used in acrimonious cases where the welfare of the separated couple’s child may be at risk.
      Stowe Family Law Paralegal, Becka Headley explores what they are, how they work, and how best to navigate them.
      What is a Prohibited Steps Order?
      A Prohibited Steps Order is a legally binding order that prohibits someone from exercising some elements of their parental responsibility. Where a Prohibited Steps Order has been put in place, the person against whom the order has been made must have the court’s permission before doing something set out in the order that would usually be done by a parent.
      They are usually used in cases where parents have separated, although the order does not have to be made against a parent, just someone with parental responsibility.
      Who can apply for a PSO?
      The following people have an automatic right to apply for a Prohibited Steps Order in relation to a child:

      Any parent, guardian or special guardian of the child
      Anyone who is named in a Child Arrangements Order which is in force in respect to that child, which states that the child is to live with them
      Anyone else who holds parental responsibility for the child.

      Any other party who wishes to apply for a Prohibited Steps Order will firstly need to apply for permission from the court before doing so.
      How can I apply for a PSO?
      You can make an application to the court for a Prohibited Steps Order by completing Form C100 and submitting this to the Family Court local to where the child lives. There is a fee of £232 for submitting this application to the court. Your application will then be issued by the court and listed for a hearing to consider application.
      If you do not have automatic permission to apply for the Prohibited Steps Order, you will firstly need to make an application for permission. This can be done on Form C100 also, with a cost of £232, to the Family Court local to where the child lives. A hearing may be required for the court to determine if permission is granted. If and when the court grant you permission to apply for the order, you can then proceed to apply for the Prohibited Steps Order as above.
      It is possible to apply for an Emergency PSO. These are often made in a ‘without notice’ hearing, where the other party is not aware of the application. There does need to be evidence that an emergency order is needed and that the welfare of the child is at risk.
      What can a Prohibited Steps Order cover?
      Prohibited Steps Orders can cover a wide range of prohibited actions, which prevents someone from carrying out an action which they would usually be allowed to do as a parent. For example:

      Changing or removing the child from school
      Changing the child’s surname
      Changing the child’s GP
      Consenting to the child undergoing a medical treatment
      Relocating a child within the UK or overseas
      Prohibiting the child from seeing a specific person

      The time for which the Prohibited Steps Order lasts can vary from case to case. It will usually remain in force until further notice, although it will automatically end on the child’s 18th birthday.  The court will impose a duration which they feel is in the best interests of the child, which can range from one month to several years.
      Can a Prohibited Steps Order be overturned or lifted?
      A Prohibited Steps Order can be over-turned; however the court will not do so if removing the order may negatively effect the child. The court’s first priority is the wellbeing of the child.
      A Prohibited Steps Order can be lifted if the parties reach an agreement that it should be. In these circumstances, the person who initially made the application for the Prohibited Steps Order can request that the court lift the order. Before lifting the order, the court will consider whether this is in the child’s best interests.
      What happens if a Prohibited Steps Order is breached?
      A Prohibited Steps Order is a legally binding and enforceable court order. Therefore, if a person breaks the order, they will be in contempt of court. This offence is punishable by imprisonment, fines and/or unpaid work.
      If breach of the order is found to be justified as it was in the best interests of the child, the court may reduce the penalty for the breach, or there may be no penalty at all.
      Useful Links
      What the family court expects from parents
      Can my ex stop me moving away with the children?
      My ex and I can’t agree on our child’s school
      Supporting children through divorce: Listen on Spotify
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      What do you say to a friend whose marriage is ending?

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      Sometimes, when people admit that their marriage is unsustainable, for whatever reason, the reaction of family, friends, even strangers on the internet can be judgmental or pitying. However, what someone in this situation needs are words and actions of support and comfort, as well as professional and legal guidance.
      We are joined on the blog by Divorce Coach Rebecca Spittles, who explores her own experience of the initial stages of separation, and what to say to a friend whose marriage is ending.
      ‘“It’s a shame you couldn’t have just tried a bit harder…”
      Nothing hits harder when you have made the decision to leave. When will people understand that getting divorced is an absolute last resort?
      Contrary to popular belief, and in my experience both personally and professionally, no one actually wants to get divorced. Reaching the point of separation, especially when there are children in the mix, is the most gut wrenching, stomach turning, vomit-inducing feeling you could ever imagine if you’ve not been there.
      I don’t wish divorce on anyone. When I took my vows I took them for life, like my parents, my grandparents and all that surrounded me. I wanted that security and comfort that everyone seeks from marriage. Even simple things I was excited about, for example to have the same surname as my husband and then of my child. It was so, so important.
      Just imagine how it felt when I knew that no matter how hard I tried, the union I was in was not meant to be?
      My parents were amazing. On several occasions I came close to uttering the words separation and every time they would come up with some kind words and injected a bit more strength into me to keep going. Marriage isn’t easy.
      My sister was the best. Constantly encouraging me, being a sounding board but never once suggesting being apart was an option.
      The toughest part of my situation was that, in order for our relationship to be harmonious, one or both of us had to completely stifle their key personality traits. Not sustainable.
      Our opinions on every single little thing were different and it ended with one or both of us feeling sad or resentful or angry as there wasn’t space for compromise.
      Compromise. The word bandied around all the time when it comes to being in a relationship. What if compromise actually meant giving in? Taking on the view of the other person so that life could just about be normal? What if compromise was only one sided and the only way for the other person to ever be happy was to always do what they wanted?
      I made several huge changes. Gave up my brilliant job so I could be at home. Gave up financial independence and poured every penny into the joint account. I started asking to do things and to buy things and slowly I disappeared. But still there was no happiness.
      After 2 long years following the birth of our daughter I asked for a separation. The answer was ‘No’. Clearly, I ‘didn’t care about my marriage’. I did. I wanted it more than I have ever wanted anything in my life to work but I was empty. Nothing left.
      In the end, two days after New Years Eve, I left after a huge row (something I learned is never the best way to leave).
      I picked up our daughter and stepped out of the front door and I will always remember the feeling of this being ‘it’. We were completely over. I drove to my parents with a sleeping toddler, arrived and cried. I cried and cried.
      Eventually he moved out to his Mum’s temporarily so that I could come home with our daughter and work, and she could have contact with her Dad.
      I am writing this so that next time someone utters the words ‘I want to leave my husband/wife’ just listen. Ask why, not so you can tell her why they should stay but so that you can understand quite how far they have come to be able to say this out loud.
      If you’ve been through it, please, please offer comfort, what they don’t need is the gore of your breakup or divorce. There is plenty of time for that later!
      Share your emotion and empathise because you more than many truly know where they are at.
      Finally, for all of us sat with the friend who says their relationship is over, just help. They will be a wreck for a while to come, from being so strong to being a crying mess on the floor. An angry confused teenager-esque stage will rear its ugly head at some point along with bitterness and probably a fair bit of drunkenness.
      Just be there for them. They will come out the other side. They will never be the same again, but that isn’t necessarily a bad thing.’
      Rebecca Spittles is a Divorce Coach providing personalised emotional and practical support and coaching to help individuals navigate their divorce or separation.
       You can find out more about Rebecca on her website or via her LinkedIn. 
      Useful links
      My partner’s a good person but I’m not happy
      When ‘I do’ becomes ‘I don’t’: Navigating the path to divorce and what to do next
      What to do if you think your marriage is over

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      Stowe Talks How To: Part 2

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      Stowe Talks How To
      Our next instalment of our Stowe Talks How To videos are now freely available to watch.
      To recap, these videos are guides for some of the key aspects of the divorce process, so you can be taken through step-by-step accompanied by our expert lawyers.
      We know that divorce can be overwhelming and stressful at times, which is why we have produced these practical videos and accompanying guides for you to download for free.
      Videos
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      Guides
      The supporting guides can be found here.
      A full playlist of all the Stowe Talks How To videos can be found here.
      Other Useful Links
      Introducing Stowe Talks How To
      Stowe Support – a huge range of free resources (blogs, guides, podcasts etc) covering all matters family law including divorce, child arrangements, unmarried couples, finances, and much more besides. More

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      Platonic Co-Parenting – Can I really have a baby with my friend?

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      In recent months, the idea of platonic co-parenting has gained traction. A recent article in The Guardian on the topic was written by a woman who, after much back and forth, decided to have a baby with her gay best friend. The friends were both happily single, but wanted a child and were concerned about the social and financial implications of raising a child as a single parent.
      Platonic co-parenting can take a variety of different forms and can be entered into for a whole host of different reasons. It can be between an opposite sex ‘couple’, same sex, or even as three parents where the couple are unable to have children so bring in a friend who not only can be a donor but can be present as another parental figure.
      In essence, platonic co-parenting is when a child is raised by two or more people who are not, and have not in the past been, in a romantic relationship (although there may be a romantically involved same-sex couple as part of a three+ parental group). The child might be conceived by treatments like IVF, intracervical insemination (ICI) or intrauterine insemination (IUI). The prospective parents may choose to go down the surrogacy route or adopt a child.
      What does platonic co-parenting look like?
      Platonic co-parenting looks different for every set of parents. The reasons behind platonic co-parenting are as varied as how it can look in practise, but some reasons might be:

      Two happily single individuals each want to have a baby,
      Financial constraints mean an individual cannot afford to be a single parent,
      A same-sex couple want to have a child with a donor and the donor wants a relationship with the child.

      With any number of reasons for wanting to platonically co-parent, how it can look practically is unique to the situation. However, by definition, platonic co-parenting means that each parent is involved in the upbringing of the child, whether they are biologically connected or not.
      Each set of parents will need to come to an agreement about how conception will work, and what the practicalities will be once the baby is born. For example, for the woman and her gay best friend mentioned above, they came to an agreement that they would try ICI first to get pregnant, and then IVF. They discussed finances and decided on a 50/50 split, potential baby names, the baby’s surname and where the child, and the parents, would live (for the first year the father would move in with the mother and baby).
      In some cases, there are more than two parents. The law only recognises two legal parents; however, platonic co-parenting opens up opportunities for more communal parenting responsibility.
      In some cases, a same-sex couple may ask a close friend to be a donor, or a surrogate mother, and this friend becomes part of the family. In other examples, a gay couple and a lesbian couple might ‘join forces’ to have a four-parent family.
      There are also matchmaking apps now that allow prospective parents to meet each other or meet sperm donors.
      Is it legal/How can I make it legal?
      Platonic co-parenting is entirely legal.
      Complications can arise with the difficulties in law around parental responsibility and each platonic co-parenting relationship will be unique. However, if a parent wants to have legal guardianship of a child, this must be registered.
      For example, if a heterosexual ‘couple’ have a child together, the father can be officially recognised as the child’s legal parent by being named on the birth certificate.
      The law only allows for two legal parents, so where a group of co-parents want to raise a child, only two can be recognised as such. The woman who carries the child will automatically be recognised as the child’s legal parent. However, the law allows for more than two people to have parental responsibility, for example as step-parents, or grandparents.
      For families where there are more than two parents, it is important to consider what other arrangements and agreements you may need to put in place to grant parental responsibility over the child. This can be done through a ‘parental responsibility agreement’.
      More legal information around platonic co-parenting can be found here.
      What are the benefits of platonic co-parenting?
      There are a variety of benefits of platonic co-parenting, and these do depend on your unique situation. However, here are a few:

      It allows happily single individuals to become parents without the pressure of solo parenting,
      Sperm donors can have a more active role in the child’s life,
      Potentially more people with parental responsibility – this can mean more support and love for the child,
      It is another way for the LGBTQIA+ community to become parents without requiring romantic relationships with the opposite sex.

      Are there any downsides?
      As with parenting generally, there can be conflict in co-parenting relationships, which is why it is important to discuss legal, social, environmental, and physical factors before embarking on the journey. These can be made into a Co-Parenting Agreement, more widely known as a Parenting Plan, which, whilst not legally binding, help define the expectations of each parent and what agreements have been made.
      Communication is key in all parenting and the more open and transparent you are with your other co-parents, the better. It is important to get all your thoughts out on the table and discuss what compromises may need to be reached.
      The law can be complicated in areas such as surrogacy, and fertility treatments, so you might need to seek legal advice around these matters, and around seeking parental responsibility.
      If disagreements do arise, mediation can often help resolve difficulties and help co-parents reach amicable solutions.
      Useful Links
      What is platonic co-parenting?
      Surrogacy and parental orders
      Travelling abroad with different surnames
      What is parental responsibility?

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      INTRODUCING Stowe talks: How to

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      Ever wished you had step-by-step instructions to help guide you through typical divorce processes?
      We know that divorce and separation can feel like a minefield cluttered with complicated paperwork, legal jargon and complex processes.
      That’s why we’ve produced Stowe talks: How to a new range of free step-by-step videos and guides.
      What you can expect from Stowe talks: How to
      Each edition includes a video and accompanying guide available to download for free. The focus on offering practical, to-the-point information and guidance from a family lawyer on a specific topic related to divorce or separation, including:
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      Explore more Stowe talks: How to resources
      Watch Stowe talks: How to videos
      Download the accompanying guides More

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      What is in store for family law in 2024?

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      2024 has the potential to see the conclusion of a number of UK government legislation amendments and consultations. Each carefully considered change will have a far-reaching impact on family law and those dealing with the personal impact of family law matters. So, as we begin the new year, we look at important changes on the horizon and suggest what may be in store for family law in 2024.
      Financial Remedies Court reporting pilot
      The spotlight on ‘transparency in the Family Court’ continues in 2024. Following on from last year’s introduction of measures to increase understanding and scrutiny of the system, a new pilot scheme is set to start on January 29th.
      The Financial Remedies Court (FRC) reporting pilot will allow accredited journalists and bloggers to report on financial remedies proceedings. These include financial issues arising from divorce and civil partnership dissolution, and child support cases.
      The FRC pilot will initially cover three trial courts: the Central Family Court, Birmingham, and Leeds. Notably, certain hearings, like Financial Dispute Resolution, will maintain confidentiality, preserving the privacy of those involved.
      Proposed amendment to Victims and Prisoners Bill affecting parental responsibility
      In January 2024 the Ministry of Justice’s proposed amendment to the Victims and Prisoners Bill moves to the next stage. The proposal announced in 2022 seeks to automatically remove parental responsibility for parents convicted of the murder or voluntary manslaughter of their co-parent.
      The legislation change emerged after the death of Jade Ward, whose partner and father of her child murdered her in 2021. He was found guilty and sentenced to a minimum of 25 years in jail. Since then, Jade’s family have lobbied for a change in the law to automatically remove parental responsibility so that convicted offenders can no longer seek information about their children or make key decisions about their lives.
      The Ministry of Justice have confirmed that there will be exemptions in cases involving domestic abuse.
      Possible outline of future financial remedies reform
      In 2023 the Law Commission of England and Wales launched a comprehensive review of financial remedy orders. The review examines how finances are divided among couples post-divorce or civil partnership dissolution, currently governed by the Matrimonial Causes Act 1973 and Civil Partnership Act 2004.
      The aim of the review is to evaluate the effectiveness of current laws and ensure fairness for divorcing couples. Among other factors, the review set out to analyse discretionary powers of judges, explore wider powers for orders involving children over the age of eighteen, assess pension-related orders, review the mechanics and structure of post-divorce financial payments.
      The findings, anticipated in a scoping report in September 2024, may pave the way for significant reforms in future financial remedies legislation.
      Family court fees to rise
      Last month the UK Government completed a consultation which looks to increase court fees by up to 10% in 2024.
      The Ministry for Justice wants to increase revenue generated by the courts to ensure that they remain ‘sufficiently resourced’ to protect access to the courts for all those who seek justice.
      Users of His Majesty’s Courts and Tribunals Service (HMCTS), including the family court, contribute to the cost of the justice process by paying fees. Court fees generated £727 million of the total £2.3 billion cost to run HMCTS in 2022/23, with the remainder funded by the taxpayer.
      By increasing court fees by 10% the UK government is expected to generate up to £42 million per year. The key objectives of the price increase are to keep pace with increased costs, improve service delivery, subsidise the cost of free services, and reduce the overall cost to the taxpayer.
      Key 2024 family court fee increases include:

      Application for a divorce, or civil partnership dissolution – fees will rise from £593 to £652
      Application for a parental order – fees will rise from £232 to £255
      Application/permission to apply for adoption – fees will rise from £183 to £201
      Application for a financial order (other than consent order) – fees will rise from £275 to £303.

      Resolving family matters out of court
      In 2024 we’ll see a continuing emphasis on encouraging parties to seek resolution of their disputes outside of the court system. Last year the UK government carried out a consultation ‘Supporting earlier resolution of private family law arrangements’ to review mediation in family law.
      As a result, in 2024 we could see mandatory mediation for all suitable low-level family court cases (excluding those which include allegations or a history of domestic violence). The aim is to divert family disputes away from stretched courts and protect children from the impact of acrimonious and long-running court cases.
      It’s hoped the proposals will mean more people can make decisions and achieve resolutions with the support of a qualified mediator, rather than placing the decision with the family court.
      General election
      While the date of the next UK general election is still to be announced, it’s widely anticipated that the current Conservative government will call for an election in 2024.
      The latest voting intention polls suggest that Labour may win the next election, meaning a change in government. Whilst no parties have yet released their election manifestos, and the exact nature of any proposed changes to family law is yet unknown, we can expect to see some impact. More