header-logo header-logo

Family concern over litigants in person

03 December 2015
Issue: 7679 / Categories: Legal News
printer mail-detail

Lawyers’ prime worry is the rise in litigants in person

One in five family lawyers cite the increased numbers of litigants in person (LiPs) as their prime concern and a sizeable majority think pensions will become increasingly important when dividing up a couple’s finances, new research shows.

The top issues for family lawyers, according to the annual Grant Thornton Matrimonial Survey, are LiPs (according to 21% of respondents), the lack of legal aid for most family law cases (17%) and courts not being fit for purpose (14%).

The results of the survey mirror those of previous years. Respondents were asked about the areas in which they would like to see a change in legislation. As in 2014, one quarter of lawyers would like to see no-fault divorces introduced, followed by the reintroduction of Calderbank offers generally in financial proceedings (20%) and protection for cohabiting couples (19%).

Divorcing couples have been given greater flexibility over their financial assets by the pensions legislation. More than three-quarters of respondents believe pensions will become more important in reaching financial settlements. However, 62% of solicitors think pensions will be treated as a more liquid asset only in cases where one or more of parties is over 55 years, and only 18% feel pensions will be treated as a more liquid asset in all cases.

Nick Andrews, partner at Grant Thornton UK, says: “The introduction of the single Family Court last year was a revolutionary step, yet professionals still remain concerned that the court system is not fit for purpose to support LiPs.”

Jo Edwards, chair of family law organisation Resolution, says she is not surprised by the survey results and that the lack of funding for legal representation is leading to “higher conflict during divorce”.

Issue: 7679 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll