Article - Chambers Student Guide

Family

In a nutshell

Lawyers are involved with almost every aspect of family life, from the legal mechanics and complications of marriage and civil partnerships to divorce, disputes between cohabitants, inheritance disputes between family members, prenuptial and cohabitation agreements and all matters relating to children. Whether working in a general high street practice with a large caseload of legally aided work, or for a specialist practice dealing with big-money divorces and complex child or international matters, family solicitors are in court a good deal and fully occupied back in the office.

There is effectively a division between child law and matrimonial law, with many practitioners devoting themselves exclusively to one or other. Some plant a foot in each.

Matrimonial lawyers

Interview and advise clients on prenuptial agreements, cohabitation arrangements, divorce and the financial implications of divorce. This can involve issues like inheritance and wills, conveyancing, welfare benefits, company law, tax and trusts, pensions and even judicial review.
Prepare the client’s case for divorce and settlement hearings, including organising witnesses and providing summaries of assets/finances, which will require dealing with accountants and financial and pensions advisers.
Attend conferences with barristers.
Represent clients in hearings or brief barristers to do so.
Negotiate settlements and associated financial terms.

Child law lawyers

In private cases – interview and advise clients on the implications of divorce with regard to child contact and residence. In some instances this will result in court action. Deal with disputes between parents or other family members over the residence of, and contact with, children.
In public cases – represent local authorities, parents, children’s guardians or children themselves on matters such as children’s care proceedings or abuse in care claims. Social workers, probation officers, psychologists and medical professionals will also be involved in cases.

The realities of the job

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When it comes to relationships and families, no two sets of circumstances will ever be the same. Advocacy is plentiful.
You will encounter a real mix of clients, some at a joyful moment in their lives, others facing deeply traumatic times. A good family law practitioner combines the empathetic, sensitive qualities of a counsellor with the clarity of thought and commercial acumen of a lawyer. You need to retain detachment to achieve the result your clients need.
Tough negotiating skills and a strong nerve are vital as your work has immediate and practical consequences. The prospect of telling a client that they’ve lost a custody battle does much to sharpen the mind.
A pragmatic and real-world outlook is useful, however you’ll also need to spend time keeping abreast of legal developments.
On publicly funded matters you’ll face your share of bureaucracy and it certainly won’t make you rich.

Current issues

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London is arguably the divorce capital of Europe, and the most generous jurisdiction in the world for (usually) women in a divorce situation. International instructions regarding divorce are on the rise, as clients with a foot in two or more jurisdictions, not to mention a bundle of cash, seek to get the best outcome.
There is likely to be an increase in the popularity of prenuptial agreements, following the Radmacher v Granatino divorce. Prenups aren't automatically recognised by the English courts, but this case saw the Supreme Court rule for the first time that they should have 'decisive weight'.
In July 2010, the Supreme Court ruled in the Imerman case that claimants in divorce proceedings could not use secretly obtained documents as evidence of their spouse’s hidden assets. The court ruled that admission of such evidence breached the spouse’s right to confidentiality: many commentators view the decision as a ‘cheats’ charter’.
The economic downturn has led to increased demand for advice on wealth protection and some family lawyers report an ‘explosion’ in the number of cohabiting couples seeking advice on relationship breakdown.
Taxation is a major theme as, more than ever, clients seek to reach settlements that are structured to mitigate unnecessary tax or other liabilities. As in many other practice areas, it’s worth getting close to a tax specialist.
While it isn't an area traditionally associated with City firms, some have been moving into or developing their family and private client practices during the recession to make up for losses from the corporate sector.
These are challenging times for the publicly funded lawyer. Many firms are feeling the squeeze and some are choosing to limit, or even cease, legally aided work. This is the case with both matrimonial finance cases and childcare proceedings, although some firms have stuck with the latter on idealistic grounds.
There is an increasing move towards judicial support for shared residence orders (where a child lives with both divorced parents who each have equal status in law).
The Baby P case had a profound effect on public child law, and in 2008 the government’s implementation of Care Proceedings Reforms (designed to speed up the resolution of cases involving children and avoid court) caused further consternation. For details see www.justice.gov.uk/guidance/careproceedings.htm.
Social workers are under increased scrutiny and the family courts have been opened up to the press. Many lawyers say that this has made it much harder to do their jobs and has more to do with justice being seen to be done rather than anything else. The family courts have been heavily criticised for the length of time it takes to reach decisions in child law cases.