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    2023 In Review – Reflections on the Year in Family Law

    2023: A Year in Review
    Julian Hawkhead, Managing Partner, Reflects on the Year
    It has become something of a tradition for me to write a note as we draw towards the end of the year to reflect on what has happened over the past 12 months. Doesn’t the time fly by? This year I’m delighted to be joined by a few colleagues around the firm who have put down some thoughts on what has stood out for them over the course of 2023.
    At Stowe, it has been quite a year again! I’m trying to find some clever way of linking “Stowe” and “grow” together but have failed but yet again we have continued to cement our place as the most dominant family law practice in the country. We saw our colleague numbers increase to over 360 with a total of 178 lawyers serving 88 locations around the country. Yes, that’s right, we have 88 office locations, adding 22 new locations including those from Watson Thomas and Crisp & Co. this year. It has been an absolute pleasure to get to know our new colleagues from those two firms, to learn about their ways of working and what they have done to make themselves successful to continue improve our own Stowe Way of Working.
    Our client numbers also increased by 25% and by early December we had over 4,000 progressing matters underway as we continue to strive to support more and more people.
    Joanna Newton on The Rise of the Legal Age of Marriage
    In February this year, the legal age of marriage rose to 18. This has meant that 16- and 17-year-olds who were previously allowed to marry with parental consent are no longer allowed to marry or enter a civil partnership in England and Wales.
    As of 27th February, it is now a criminal offence to arrange a marriage for under 18-year-olds under any circumstances. The offence is now punishable by 7 years in prison.
    The idea behind this new law is to better protect children from being forced into underage marriages and protect them from abuse and coercion. The change is to crack down on forced marriages which can cause lasting psychological, and sometimes physical, damage on a child. It is also part of the government’s continuing commitment to tackling violence against women and girls.
    Prior to the Marriage and Civil Partnerships (Minimum Age) Act 2023, the law had been unchanged since 1949 and had legitimised child marriage with children aged 16 and 17 permitted to marry with their parents’ consent.
    The mechanism of parental consent which existed under that law, whilst meant to be a safeguard, has, in some cases, proved to be a vehicle for parental abuse.
    This change is a welcome relief and over the coming years we will hopefully see it having a considerable impact reducing the number of forced marriages and violence against girls in particular.
    Gemma Davison on Changes to Fertility Legislation
    Earlier this year, the government announced that there would be a change to fertility law which aims to reduce the discrimination that female same-sex couples face when they are looking to conceive via reciprocal IVF (where one woman provides her egg and the other carries the child). It will also encompass a change for same-sex couples where one or both partners have HIV but the viral load is undetectable.
    Female same-sex couples will no longer be required to have an additional screening for infectious diseases (including rubella, hepatitis B and C) which will remove this extra barrier not faced by heterosexual couples and reduce costs by up to £1000.
    For same-sex couples with undetectable HIV viral loads, the change in legislation will mean that the couple will have access to IVF treatment, including known sperm or egg cell donation to friends or relatives.
    These changes will hopefully work to reduce the inequality that exists between same-sex couples and opposite-sex couples regarding fertility options and treatment. However, there is still a way to go.
    In August 2022 as part of the Women’s Health Strategy, the government committed to removing all financial barriers for same-sex couples that are not faced by heterosexual couples. We are still awaiting this change. I hope to see more progress in reducing discrimination in the fertility space and more support of this method of parenthood in 2024.
    Megan Brookfield on ‘Love bombing’ being Recognised as a Sign of Abuse by CPS
    In April this year, the Crown Prosecution Service updated their guidance on controlling and coercive behaviour to include the term ‘love bombing’. The guidance now advises prosecutors on the range of tactics perpetrators of abuse can use against their victim and discusses love bombing and what this entails. Love bombing is a phrase used to describe a scenario whereby the abuser will periodically carry out over-the-top loving acts in between other behaviour to confuse and control their victim. It is most commonly seen in the early stages of a relationship.
    The update is a positive step. It has highlighted the diverse ways in which perpetrators can exact control of their victim. Furthermore, it provides a degree of clarity on the role of love bombing and how it is a coercive tactic. It also gives family lawyers a legal framework with which to support clients and indeed when obtaining protective orders from the family court.
    There are still numerous challenges to face when proving coercive control. The updates in legal framework have certainly improved this, but it is clear that more work needs to be done to help and support survivors and their families, particularly for those seeking to leave their abusive relationship.
    Ashley Le Core on Child Arrangements in International Divorces
    Most of us will have seen something about the divorce of Joe Jonas and Sophie Turner earlier this year. Their divorce raised some very interesting points in the family law space, including which jurisdiction should accept the divorce proceedings and associated financial remedy proceedings. This is particularly important to consider, as different jurisdictions will provide two differing ways of handling assets, which could favour one party over the other.
    However, most of the media drama of the divorce has been specifically about child arrangements, raising the issue of who gets the kids in international divorces, as Turner is British and Jonas is American. From media reports, it appeared that they had planned to settle their two young daughters in England. Initial divorce proceedings, however, saw some issues on this front, including accusations of child abduction.
    Unlike many divorces, these parents are of course very wealthy and therefore the reality is that wherever the determination is made that the children shall primarily reside, the other parent should be more than able to purchase an appropriate property in that country and therefore, the impact on the children will be drastically reduced. This is of course not available to every party in such cases.
    No absolute certain details are known about the long-term arrangements in relation to this divorce at this stage, but in the interim, the girls will travel between the UK and the US. In international divorces generally, it is unlikely the court would expect children to be travelling between countries on a regular basis, especially if they are of school age. In these cases, the primary focus has to be their schooling.  The onus would therefore be on one of the parents to do more of the travelling and to have a base in the relevant jurisdiction. The children then spend more quality time with their parents over longer periods such as school holidays.
    The Jonas/Turner divorce has been an interesting study in the various complex aspects involved in international and multi-jurisdictional divorces and has particularly drawn attention to what happens to children in such circumstances.
    A Final Sign Off
    There is little I can add to what has been said so eloquently above and a huge thanks to them for taking the time to share their thoughts. Family law is always evolving whether that is to reflect the changing values of our society, to adapt to the political or economic climate or to anticipate what factors such as new (and what can seem scary) technology. As a leadership team we are constantly surveying the horizon to see what might be coming up, whether that is a possible change of government or some new AI innovation. Whatever happens I do believe that 2024 will be great and exciting year.
    Wishing you and your families a safe, restful and joyous festive season.
    Julian, and all at Stowe Family Law. More

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    2022 in review – reflections on the past year in family law

    Managing Partner Julian Hawkhead finishes the year with a look back at the significant developments for UK family law over the past twelve months, and reflects on another successful year for Stowe. 
    As another year draws to a close, I have paused in the frantic closing off of the calendar year to reflect on events in the life of Stowe and the wider family law world over the past twelve months.
    Whilst 2022 brought a renewed sense of hope, no one could have predicted the new challenges that we would face. It’s hard to believe that we started the year working remotely still and talking about the Omicron variant and booster vaccinations.
    During the course of the year we have tentatively returned to some “old” ways of life, returning to offices in greater numbers and greater frequency. Collectively it has felt like the ingredient we missed so much in lockdown; the ability to share and propagate ideas in person with colleagues. It has been great to come into the office and listen to lawyers bouncing ideas off each other, essential not only for problem solving but also sharing experiences and knowledge.
    A year of change at Stowe
    2022 has been a seismic year for Stowe Family Law. We opened 17 new office locations, recruited 68 new colleagues, and completed our first acquisition of another family law firm. As a result, the firm is one third bigger in scale than at this point last year. With this growth our lawyers have been able to help even more families handle the emotional and legal consequences of family breakdown as they are faced with the combined fallout of the pandemic and the cost-of-living crisis.
    The introduction of no-fault divorce
    The past year has also been a landmark one for family law with the introduction of no-fault divorce back in April. This was the culmination of many years of campaigning, and rightly seen as a triumph for those who have advocated for a blame free divorce process and the modernisation of antiquated divorce laws.
    Here at Stowe, we saw our first no-fault divorce client reach the end of their divorce process with a final divorce order granted in November. There’s no doubt we will see many more clients reach the end of the new process in the coming weeks.
    As a lawyer it has been a relief not to have to have to discuss with clients the causes of their marriage breakdown at great length knowing that one of the primary purposes was to work out how to draft a divorce petition with sufficient points of blame. The ability to focus on client issues that needed to be resolved, whether they relate to their children or their finances, without the additional “noise” of divorce blaming is a benefit for both client and lawyer.
    The call for cohabitation reform
    Unfortunately, similar success has not been achieved by campaigners for the introduction of laws to protect cohabiting couples. Cohabitation is the fastest growing family type in England and Wales. In 2021 there were around 3.6 million cohabiting couples in the UK compared with 1.5 million in 1996. Yet the myth of common law marriage persists and unmarried couples who split up face navigating a minefield of complex legislation to resolve financial issues.
    Family lawyers have been at the forefront of calling for change in this area for some time. In August the House of Commons’ Women and Equalities Commission produced a report into the rights of cohabiting partners. This called for the Government to reform family law to better protect cohabiting couples and their children from financial hardship in the event of separation and to provide greater financial security for cohabiting couples upon the death of one partner.
    The Government’s response was to reject the Commission’s recommendation, indicating that it considers existing work underway on the law of marriage and divorce must conclude before considering any change to the law of cohabitants on relationship breakdown. In particular, the Government has said it must focus on its commitment to conduct a review of the law of financial provision on divorce: It cannot fully reconsider the law relating to relationship breakdown of cohabitants before the review on financial provision for divorce has reached its conclusions and made its recommendations.
    In addition, the Government is considering the case for comprehensive reform to marriage law and considers that the law relating to the relationship breakdown of cohabiting couples could also not be considered outside the context of any wider reform to the law of marriage.
    So, it appears that there is no likelihood of reform to the law of cohabitation anytime soon, and we will continue to advise unmarried couples in the context of an unsatisfactory patchwork of legislation which very often leads to inequitable outcomes and financial hardship.
    For me this failure to establish any measures to protect financially vulnerable people coming out of cohabiting relationships is sadly a short-sighted decision of the government. To prioritise reform to financial remedies cases for divorcing couples in circumstances where there is already a framework, albeit some might consider an imperfect framework, above a need to provide financial protection to cohabiting couples where in a large number of cases there is currently none suggests to me that the government is making moral judgements on couples depending on whether they choose to “formalise” their relationship or not.
    In any event it leaves a large number of vulnerable people even more reliant on state funded financial support. We can only hope that parliament is able to solve this problem faster than it was able to bring about reform to no fault divorce.
    Delayed surrogacy bill
    Surrogacy is another area in which we had hoped to see significant progress towards reform this year. The law in this area has remained largely the same for 30 years and has not kept pace with scientific and societal developments. The Law Commission are in the process of preparing a draft bill which was due to be published in the autumn, but the Bill will now be delayed until spring 2023. Proposals for reform which are likely to be contained within the draft Bill include:

    The creation of a new pathway to parenthood which will mean that the intended parents will be the legal parents from birth of a child born of the surrogacy arrangement, subject to the surrogate’s right to object for a defined period from birth. There would be no need for the intended parents to apply for a parental order.
    There would safeguards or eligibility requirements along the pathway which would only apply to domestic surrogacy arrangements.
    The removal of the current requirement that at least one of the intended parents must have a genetic link with the child.
    The creation of a register to allow for those born of surrogacy arrangements to access information about their origins.

    The proposals are welcomed by practitioners but there is concern at the delay in the publication of the draft bill. Nevertheless, the Law Commission has shown commitment to ensuring that our surrogacy laws are effective and up-to-date, and optimism remains that we will see the introduction of wholesale reform of the surrogacy process in due course.
    Domestic Abuse Act
    Whilst the Domestic Abuse Act received Royal Assent in April 2021, many of its key provisions only came into effect within the last 12 months, and some are still awaited. The Act was hailed by the government as a landmark bill which would transform the response to domestic abuse, helping to prevent offending, protect victims and ensure that they have the support they need. However, many of the organisations who campaigned for the new law have identified significant gaps and omissions within the Act, and it is seen by some as a missed opportunity. For example, the law fails to deliver equal protection and support for migrant women and campaigners continue to seek amendments to abolish the no recourse to public funds omission and ensure that migrant women can apply for indefinite leave to remain independently from their perpetrator.
    There is also concern that the Act fails to address aspect of the Universal Credit system that facilitates and exacerbates abuse and that whilst there is now a statutory duty on local authorities to provide domestic abuse refuges, there is no similar provision for community-based services which has lead to concern that safe accommodation will be funded at the expense of services within the community, which are vitally important for many victims.
    In addition, perhaps inevitably, it is clear that without adequate resources from government to fund the measures implemented, the effectiveness of the Act will be limited.  Thus, while the Act has potential to improve the support provided to some victims of domestic abuse and have meaningful impact upon prevention, it is not a panacea.
    As we reach the end of 2022, the weight of cost of living increases, rising interest rates and a general economic maelstrom will, I am sure, be heavy on many readers minds and I hope you are able to stay safe and healthy as we hope for better times to come in 2023. More

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    No-fault divorce has arrived

    As we welcome the arrival of no-fault divorce in England and Wales, Stowe Senior Partner Julian Hawkhead reflects on what this family law reform means for divorcing couples and how it impacts the role of family lawyers.
    “It’s the end of the world as we know it and I feel fine” sang the US band R.E.M back in the late ‘80s, capturing a sentiment felt by many family lawyers this week as no-fault divorce is introduced.
    The advent of no-fault divorce is the biggest change to impact marital or civil partnership breakdown in decades. The Divorce Dissolution and Separation Act 2020, after years of campaigning by various stakeholders in and around the world of family law, brings about the removal of blame or the requirement to live separately for at least two years as reasons for divorce.
    The new changes take effect from 6th April 2022 and it is hoped will bring about a paradigm shift in the way separating couples approach the process of divorce.
    Does taking the blame out of divorce mean the end of family lawyers?
    Not at all. For many years family lawyers have recognised that the reasons given for a couple separating have had little, if any, material impact on the future plans and arrangements that need to be made following on from their divorce. That one spouse or civil partner behaved in such a way that the other party could no longer be reasonably expected to live with them would not itself be a factor in separating financial resources or making arrangements for the children. A barrister I worked with for many years would often tell me that the family court is not a court of morals.
    Turning the focus to the future
    As a family lawyer for over 20 years, I have seen many clients who have focused so much on their past that it created a distraction and shifted focus away from resolving the important issues that needed to be addressed. When anchored to the past, separating couples can often find themselves unable to move forwards, either emotionally or practically, and yet the court’s have expressed a lack of interest either through irrelevancy or simply a lack of time to do so.
    Mr Justice Coleridge in a judgement published back in 2002, sought to discourage parties from undertaking a general “rummage through the attic of their marriage to discover relics from the past” in order to assert a greater level of contribution to the marriage than the other party. The same could be said for any individual who has had to harvest a list of reasons why they believed the marriage broke down as if to satisfy a judge’s morbid curiosity when reviewing the divorce petition. Save that the judge had no such curiosity, but was instead simply performing an out of date statutory duty to check that sufficient boxes had been ticked to enable a divorce to proceed.
    However, from 6th April the requirement to rely on behaviour or a period of separation to justify divorce ends and is replaced with a single assertion that the marriage has broken down irretrievably. It is not an assertion that can be contested by the other person and the reasons for disputing a divorce are limited to questions relating to the validity of the marriage or jurisdiction.
    A simpler divorce process
    The divorce process has also been simplified, removing rather archaic language such as “decree nisi” and replacing it with a simpler more functional description of “conditional order”.
    It needs to be said that this simplification of the legal process is not making it easier to get a divorce. There is and never has been such a thing as a “quickie divorce”, a phrase often used by the media and much maligned by people working in family law. The new process will take at least 6 months to conclude with a waiting period of 20 weeks from the date of issuing the divorce application before the applicant, or with the new law, both parties as joint applicants, can apply for the conditional order.
    This 20 week period is designed to give the couple time to pause and reflect on their marriage and to also focus on addressing the practical arrangements that need to be made such as agreeing arrangements for the children and making progress towards a financial settlement. Parties will be actively encouraged to reach agreement wherever possible, using mediation and other forms of out of court dispute options where possible.
    The role of family lawyers
    Interestingly, when Stowe Family Law conducted a survey a couple of months ago it showed that the majority of people when asked about no-fault divorce were unaware of the imminent changes. A significant number still believed that bad behaviour during the marriage was and should be a factor that would influence the outcome of other issues in the divorce. A divorce process which removes any element of blame or causation to the act of ending your marriage may be difficult for some people, but it is a responsibility that rests on the shoulders of family lawyers and all those who attend to the needs of people going through relationship breakdowns to keep their attention and focus fixed firmly on looking forwards rather than looking backwards.
    Whilst no-fault divorce will not remove the pain that people feel when their marriages or civil partnerships end, it will hopefully help them get through the legal process of separation with less emotional impact and help prepare them for the next chapter of their lives.
    Get in touch
    For more information on no-fault divorce please do get in touch with our Client Care Team using the details below or make an online enquiry More

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    Stowe talks: How to successfully co-parent

    Join family lawyer Sarah Barr-Young and our special guest Tom Nash, aka Mr Divorce Coach and internationally certified Life, Divorce & Business Coach, as he shares his advice on how to navigate and become a successful co-parent following a divorce or separation.In this free hour-long webinar, Tom will share practical tips and techniques to help you improve how you and our partner co-parent, including:
    Book now
    About the speakers 
    Tom Nash, otherwise known as Mr Divorce Coach, is an internationally certified Life & Business Coach, specialising in Divorce, Separation & Family Coaching. Accredited by the Association for Coaching, he also holds Master Practitioner certifications in Neuro-Linguistic Programming (NLP), Timeline Therapy, Hypnotherapy & more.
    Partnering closely with family law professionals, he offers an alternative support resource for individuals, couples and their families, assisting in multiple disciplines that include but are not limited to:

    Understanding, Managing & Overcoming Negative Emotions (anger, sadness, fear, guilt, shame, etc.).
    Increasing Confidence & Self-Esteem
    Fostering Improved Communications Strategies
    Positive Mindset & Emotional Wellbeing Techniques
    1:1 Coaching
    Couples & Uncoupling Coaching
    Co-Parenting & Blended Family Coaching

    On a personal front, Tom has experienced divorce, co-parenting and the related ups and downs from a young age. First, during his parents’ acrimonious divorce at the age of 3 years old, and later in life as husband and father of his own marital breakdown. He is a successful co-parent, step-father and blended family specialist.
    Sarah Barr-Young is the Managing Partner of our Ilkley and Leeds offices and has far-reaching family law experience. She is widely regarded for her expertise in complex cases involving allegations of domestic abuse and safeguarding issues. She is frequently chosen for her empathy and unrivalled approachability, and as such, a large majority of her clients choose her due to personal recommendations. More

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    International Women’s Day: The rise of women in law

    The rise of women in law
    In honour of International Women’s Day, on the blog, we look at the rise of women in law and how the industry is changing to meet the modern lawyer’s needs, male or female.
    And no article being written today about the workplace could not touch on the impact of the continuing Covid-19 pandemic on how we all work and have embraced flexible and remote working. 
    Statistics released in June 2019  revealed that for the first time, the number of working solicitors in England and Wales had exceeded that of men – now 50.1% up from 43.4% in 2007. *
    So, is the age of the male-dominated law industry over?
    When Rachel Roberts, Yorkshire Regional Director at Stowe Family Law, graduated, she began her career with a strong, female mentor so believed that “anything seemed possible”. In fact, Rachel did not even consider her gender to

    “have an impact until I had children.”

    Having children and finding balance is a struggle many women in law face and is reflected in the statistics when we look at seniority in the industry, with women making up just 33% of partners in the UK (up from 31% in 2014). **
    Times have changed
    As the UK entered its first lockdown in March 2020, it is estimated that just under 50% of the country’s workforce shifted wholesale to working from home. (ONS data). 
    The Covid-19 pandemic has forced changed and dramatically accelerated shifts that were already underway in terms of increased working from home and flexible hours.
    What happens once the pandemic is over will vary from business to business. At Stowe, we believe our future solutions will need to prioritise flexibility and choice in terms of how both colleagues and clients interact with us and access services.  
    While this may be easier said than done, it is where our focus lies as we move forward in 2021. With over 75% of our team wanting to combine home and office-based working post-Covid-19, a hybrid model offering flexibility and choice for our colleagues is at the heart of how we will operate as a firm.

    “I am lucky to work for a firm that prioritises the well-being of its staff, and I work flexible hours so that I can still do the school run three days a week and attend school events (when we are not home-schooling)”, says Rachel. 

    Currently, over 50% of the leadership team and Managing Partners at Stowe work flexibly.
    But it is not just about the firm’s leaders,

    “I am a great believer in trusting your team to manage their diaries, workloads and working from home to allow them to meet their family commitments”, Rachel adds.

    At Stowe, over 30% of the workforce has a flexible working pattern, with countless more enjoying informal arrangements agreed with their line manager. 
    Rachel continues:

    “For me, it is about putting boundaries in place, so I will sometimes work at home in the evening, but for the large part,  my weekends are a precious time for us to spend as my family, and my work phone is switched off or out of sight.”

    Glass ceiling?
    In 2017, Lady Justice Heather Hallett spoke of her hopes that there was no glass ceiling and that the law had changed considerably for the better for women. A sentiment reflected in the fact that 66% of all partners at Stowe and 70% of lawyers are female.

    “Family law tends to attract more women, and it’s essential that we find ways to work around family commitments so that we retain our talent,” continues Rachel.
    “I have not encountered any obstacles to progressing up the career ladder because I am a woman, but I work at Stowe, and we have a large number of women in senior roles. I am not sure how much flexibility there is in larger law firms. I think, sadly, that too often the right things are said, but the requirements on a day to day basis make it impossible for women to advance in their careers and balance having a family.”

    Her advice to women considering entering law now is simple:

    “There is no limit to what you can achieve. The culture is changing, although, in big firms, it has a long way to go. So, get involved with organisations that care about retaining women in practice and focus on well-being.”
    “However, the whole sector now needs to change – men equally need to be able to have a healthy work-life balance and spend quality time with their friends and family.”

    Perhaps a positive outcome of the Covid-19 pandemic will be a continued uptake of flexible working, tailored for both women and men so they can enjoy a positive work-life balance. 
    Rachel is the Yorkshire Regional Director at Stowe Family Law. She is also an ambassador for Women in the Law, a non-profit women’s networking organisation designed to encourage, inspire and support the next generation of lawyers and women in business.
    Get in touch
    Find out more about a career in family law at Stowe Family Law. 
    *Law Society Annual Statistics Report 
    **Solicitors Regulation Authority More