18. Child Support

The Child Support Act 1991 introduced a mechanism to recover maintenance from absent parents for their children. It created the Child Support Agency (CSA) as the organization responsible for collecting child support maintenance. This chapter discusses the framework of child support; when a client may be required to pay child support; what a client can do if they do not receive child support; and the future of child support. It examines the CSA scheme, which commenced in 2003, and the Child Maintenance Service, which opened its doors on 29 July 2013. It also looks at the financial provisions under Schedule 1 of the Children Act 1989.

12. Financial Orders

This chapter discusses the principal forms of financial orders under the Matrimonial Causes Act 1973, their scope, and how they are used. It explores the availability of each of the orders, and discusses these in relation to civil partners, spouses, and children. The financial orders discussed, including lump sum orders and property adjustment orders. In relation to property adjustment orders, the transfer of property order, settlement of property, and variation of settlement is outlined. Orders concerning the family home are discussed, such as the sale and division of proceeds, transfer of property, and charges on a property. Periodical payments orders and interim orders are also explained.

34. Protection under the Family Law Act 1996: Occupation Orders

The Family Law Act 1996 allows a court to make occupation orders to regulate the occupation of the family home. This chapter discusses the effect of occupation orders in that the general aim is to regulate the occupation of the family home. The tests for each order, duration, and which order to choose for the client are outlined under each section. What the court can order is also explained as well as ancillary orders and transfer of tenancies. A flowchart is provided in order to help work out which order to apply for, depending on the circumstances of the case.

3. Alternative Dispute Resolution in Family Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including alternative dispute resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.

4. The Single Family Court

This chapter is a short but important chapter. It provides an overview of the Single Family Court, which was created in April 2014. This is a huge change from when there used to be two family courts, magistrates’ and county court. It summarizes the effects of the Single Family Court and outlines who is involved in the judicial process within the new structure. It discusses how the allocation of cases within the Single Family Court are done by ‘gatekeepers’ and the new points of entry for cases. It outlines that the rules for allocation can be found in the Family Court (Composition and Distribution of Business) Rules 2014.

27. Private Children Law Procedure

This chapter covers the basic procedure for a s8 Children Act 1989 (CA 1989) order. It discusses who is eligible to apply for an order under s8 CA 1989 and what public funding is still available for proceedings under the CA 1989. It then goes on to explain the procedure for obtaining an order under the CA 1989 in private law proceedings and the Children and Families Act 2014. This includes the procedure for obtaining leave, existing proceedings, other potential applicants, and rules. The hearings which occur are explained, as well as CAFCASS, expert evidence, allegations of harm, and domestic abuse.

15. Variation, Collection, and Enforcement of Financial Orders

Gaining a financial order is sometimes not the end of proceedings. A disgruntled spouse or civil partner may refuse to comply with the terms of an order, even a consent order, and so a family law solicitor must be able to use enforcement mechanisms to enforce the court order. This chapter discusses the circumstances in which a financial order can be varied, including which orders are subject to variation and the applications for variation. It then goes on to discuss the collection of monies due under financial orders, and the enforcement of financial orders such as periodical payments and other orders.

13. Pre-Marital Agreements

This chapter examines the nature of pre-marital agreements (PMAs), advantages and disadvantages of PMAs, and the enforceability of them in proceedings for financial orders, and the potential developments in the enforceability of PMAs. It states that a PMA can sometimes be called an ante-nuptial agreement or pre-nuptial agreement and that it is essentially a contact made between two people before they get married. Various case-laws dealing with the issue of PMAs are presented. The negotiation and drafting of a PMA are outlined following case-law which provided guidance on this, but confirming that even if these steps are taken, it does not guarantee that a PMA will be followed by the courts.

1. Family Law Practice and the First Interview

This chapter begins by identifying the various skills that family lawyers must possess. These include technical skills such as advocacy, interviewing, negotiation, and writing; and ‘soft skills’. The discussion then turns to the professional conduct issues that are crucial to seeing a client for the first time, including confidentiality and money laundering. It includes the General Data Protection Regulation (GDPR) The Divorce, Dissolution and Separation Act 2020 is mentioned as well as the new Solicitors Regulatory Authority’s (SRA) Standards and Regulationswhich came into force in November 2019. Litigants in person are also explained and discussed.

22. Cohabitation

Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find that they have few legal remedies, and that available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then goes on to discuss the law on cohabitation contracts, as well as case-law relating to this. The Law Commission Proposals and future developments on cohabitation are then discussed.