header-logo header-logo

Reflections on the state of family law

20 September 2018 / Graeme Fraser
Issue: 7809 / Categories: Opinion , Divorce , Family
printer mail-detail
nlj_7809_fraser

It is time for ministers to join the judiciary in recognising the realities of family life in 2018, says Graeme Fraser

This year has seen momentum grow towards family law reform following a series of landmark Supreme Court decisions. Until now, this has not prompted the government to change the law, with ministers instead opting to take soundings.

Supreme Court hattrick

The Supreme Court comprises the most specialist and experienced family law bench in living memory. The nation’s highest court is routinely adjudicating issues resulting from outdated family laws. This government has no choice but to take heed of three of the court’s most recent findings.

In May, the government was criticised in R (on the application of Steinfeld and Keidan) v Secretary of State for International Development [2018] UKSC 32, [2018] All ER (D) 145 (Jun) for being discriminatory in its delay in deciding whether or not civil partnerships should be extended to heterosexual couples.

In July, Lord Wilson expressed ‘uneasy feelings’ and Lady Hale found it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll