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Family Law Blog

9 May 2022

The Kingsley Napley Junior Peer to Peer Debate 2022: Opening closed doors

Family proceedings are generally conducted in private due to the personal and intimate nature of those proceedings. There have been increasing concerns that the lack of transparency regarding family proceedings reduces accountability and confidence in the court system. Despite repeated pushes towards more openness over the last two decades, the reality is that very little has changed.

Hannah Butcher

6 May 2022

One month of no fault divorce – what’s next for family law?

On 6 April 2022 family lawyers celebrated the long awaited arrival of no-fault divorce. Couples looking to bring their marriage to an end now no longer face a choice between apportioning blame, with a fault based petition, or facing a delay of two or five years to avoid the need to play the “blame game”.

Stacey Nevin

13 April 2022

“Lawfare” in the family court - Is this the beginning of the end?

The Children Act 1989 (the “Act”) is a significant piece of legislation in the history of family law. It brought together existing legislation and strengthened protections for children, placing a greater emphasis on their needs and interests. Parents, guardians and those with parental responsibility can apply to the court for a child arrangements order, a prohibited steps order or a specific issue order under section 8 of the Act, without permission from the court.

7 April 2022

No-fault divorce – how does it compare to the system in Scotland?

The long awaited “no fault divorce” has finally become a reality in England and Wales following the Divorce, Dissolution and Separation Act (2020) coming in to force on 6 April. This brings with it significant changes to the way in which married couples separate in this jurisdiction, all with the aim of reducing the opportunity for conflict.

Rachel Cooper

5 April 2022

No-fault divorce in brief: 10 things you need to know now

From 6 April 2022, the divorce process in England and Wales will see wide-ranging changes as a result of the provisions of the Divorce, Dissolution and Separation Act 2020 taking effect. This came about following decades of campaigning by many including Resolution to help families navigate the process in a less adversarial and more constructive way. For those contemplating divorce, and for non-family law professionals and loved ones advising and supporting them, the new process and the depth of legal analysis and commentary can feel daunting.

Cate Maguire

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