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, complex child custody cases or international matters, family solicitors are in court a good deal and are 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 the other; others plant a foot in each. Unfortunately, family law is an area which has been seriously affected by legal aid cuts.
What lawyers do
Matrimonial
- Interview and advise clients on prenuptial agreements, cohabitation arrangements, divorce and the financial implications of separation. 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
- In private cases: interview and advise clients on the implications of divorce with regard to child custody and residence. In some instances this will result in court action. Deal with disputes between parents or other family members over care 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.
Realities of the job
- When it comes to relationships and families, no two sets of circumstances will ever be the same. 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 remain detached and unflappable 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.
- Matrimonial law is strongly affected by court decisions, which can sometimes take a surprising turn.
- The chances to do advocacy are more plentiful than in many areas of law.