Family concern over 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”.