ACS family team share thoughts on recent changes to family law

Tom Gregory is a solicitor in the matrimonial team and qualified in 2020. Tom has seen the changes in family law first-hand. He says: “the main changes I have seen are that less time and money is used up quibbling over the contents of unreasonable behaviour petitions, which was typically the mainstay of divorce petitions. We used to see too many cases, typically those with both children and financial elements get mired in the divorce process and by the time that the parties actually got to dealing with substantive, arguable matters, they were already exhausted and out of pocket”.

Tom adds: “moreover, no-fault divorce is really aiding the court’s shift in ethos from a litigious approach to a dispute resolution approach. Because we avoid the wording of the particulars of behaviour nightmare, both parties and lawyers avoid getting too hostile, too early. I find parties arrive at the stage of considering financial and children matters with a clearer head and (generally speaking) they are more prepared to engage in discussions about an out-of-court settlement”. Tom sits on the family law committee for Birmingham Law Society.

Matthew Saunderson is a solicitor in the matrimonial team and qualified in 2019. He says: “society often progresses quicker than the law can keep up. The majority of separating couples in England and Wales have been looking for an amicable separation process for some years. The now ‘older’ divorce process was litigious, combative and often peripheral to more substantive issues, particularly where children and property are involved. Engagement in the battle for divorce often led to unnecessary combative approaches and a deterioration of communication which only hampered the overall process and certainly undermined value in terms of solicitors helping their clients deal with the bigger picture. No-fault divorce has revolutionised this process and whilst separation still comes with obvious difficulties, one immediate hurdle has been knocked out of the way before even becoming an issue”. Matthew sits on the family law committee for Birmingham Law Society, is vice-chair for the Young Resolution West Midlands committee and sits on the national dispute resolution committee for Resolution.

Chris Lloyd-Smith, partner and leader of the matrimonial team here at Anthony Collins Solicitors reflects that the change in the law on 6 April was sensible, long overdue and should be welcomed by practitioners and their clients alike. Resolution has also recently announced a new model for lawyers working with couples jointly following their separation. The model, called Resolution Together allows for one lawyer to advise couples jointly, guiding them both through a divorce and separation. It is hoped the new model with reduce any unnecessary conflict during divorce proceedings and allow couples who are keen to work with one another to do so with just one adviser helping and advising them both.

It is our aim at Anthony Collins Solicitors to help clients during times of great distress and upheaval. We aim to help our clients achieve their goals during tough and difficult circumstances to achieve their goals so that when our professional relationship comes to an end, they are in a better position emotionally, financially and legally.

Chris is the chair for Resolution in the West Midlands and was recently seen hosting the National Resolution Conference 2022 in Birmingham.

If you would like more information about the issues discussed in this article, or family law generally please call Anthony Collins Solicitors on 0121 200 3242 or contact our family team.

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