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Family law news - Winston Solicitors LLP

How family life has changed since the days of the Titanic
April 16 2012

The Office of National Statistics (ONS) has produced figures on trends in marriages and divorces in the last 100 years which show marriages down and divorces sharply up.

The figures, which have been released to commemorate 100 years since the sinking of the Titanic, show there are more than 200 times the number of divorces now compared to 1911, despite there being fewer marriages. Also, perhaps unsurprisingly, there is a lower birth rate and many more children born out of wedlock.

The 1911 statistics were taken from the Registrar-General of Births, Deaths and Marriages in England and Wales and had the population at just over 36 million, which had almost doubled by 2010 and is expected to grow further in future years. Despite the huge increase in the population there were 241,100 marriages in England and Wales in 2010 compared to 274,943 in 1911 whereas there were just 580 divorces in that year which had risen to 119,589 in 2010.

http://www.independent.co.uk/news/uk/home-news/fewer-wed-but-200-times-m...
 

More family mediation in the UK
January 17 2012

Those involved in dispute resolution say that mediation has the potential to “revolutionise the British legal system”.

National Family Mediation, the UK’s biggest family mediation service, has seen applications to train as a mediator double in the last year alone while TCM, the biggest workplace mediation service saw applications rise tenfold within the second half of last year. Those involved say that with the country on the verge of recession once again more people are seeking ways to avoid the courts and the resulting legal fees, so mediation is one of the few professions which is expanding at the present time.

National Family Mediation says that the average cost of mediation, which is between £1,200 and £1,400 is far cheaper than the £14,000 it can often cost for those couples whose divorce proceedings go before the courts. David Liddle, founder of TCM, says that the growth of mediation is evidence that the old adversarial approach has failed and that more people are looking at other ways of solving differences. 

The government has added its backing to the growing sector, spending £25m in support of mediation services and comes at a time when it is hoping to cut legal aid by £350m a year, meaning that most of those involved in private family law, clinical negligence, employment and immigration cases will no longer be eligible for funding from the taxpayer.

However, Resolution, which represents 6,000 family lawyers, urged caution and said that mediation may be unsuitable in as many as 40% of divorce cases. A spokesman said that while there are now more incentives to seek mediation, it shouldn’t be seen as the “be all and end all”. He added that while it can be very useful, it isn’t always the answer.

Source: http://www.independent.co.uk/news/business/analysis-and-features/got-a-problem-mediators-are-waiting-for-your-call-6290237.html

Number of divorces rise for the first time since 2003
December 15 2011

The Office for National Statistics have released their latest statistics relating to divorce in England and Wales. The statistics record divorces which took place in 2010 following court orders, in England and Wales, and do not include divorces to couples usually living in England and Wales, but who have divorced abroad.

The number of divorces in England and Wales rose by 4.9 per cent in 2010 to 119,589 compared with 113,949 in 2009. This is the first annual increase since 2003. The number of divorces in 2010 was highest among men and women aged 40 to 44.

The average length of marriage is unchanged from 2009 at 11.4 years. Half of couples divorcing in 2010 had at least one child aged under 16 living in the family.

Civil Partnership dissolutions have also increased in 2010. This is likely to be part of an overall upward trend given that this type of partnership is new, and the numbers of those in civil partnerships is increasing.

The rise in the overall divorce rate in 2010 is likely to be attributable to a number of factors. Overall, the size of the married population is falling, with an ever increasing number of couples choosing to cohabit rather than marry. Some believe that 40% of all children living in England and Wales do not live with parents who are married. The fall in the marriage rate isn’t the only factor though, and there is an overall underlying trend of an increase in divorces in 2010. This may in part also be associated with the current economic climate although the impact of the recession is likely to vary across different social groups. To some, dissolving a marriage in a harsh economic climate is financially impossible, involving lawyers, negative equity in housing, and lower incomes from which to support two households. To others social research has shown that unemployment and downturns in the housing market may be associated with family instability and couples being unable to cope with added financial worry.

The most common reason for divorce remains for both men and women, behaviour that the other finds unreasonable. 66% of divorces granted in 2010 were initiated by women.

New Child Maintenance Scheme
December 09 2011

Proposals for a new child maintenance scheme have been published. This scheme is proposed to replace the current basis of assessment by the Child Support Agency and will be implemented by way of the “Child Support Maintenance Calculation Regulations 2012” which are to complement existing CSA legislation. 

These proposed regulations follow the Governments Green Paper published in January 2011 entitled “Strengthening Families, Promoting Parental Responsibility: The Future of Child Maintenance”. Supporting families to prevent relationship breakdown is central to the Coalition Government’s vision for strengthening families but where relationships do break down, the Government wants to enable parents to take responsibility in making their own choices to reach enduring agreements post separation which place the welfare of their children at heart.

The new Government scheme will be offered as a fall back for those parents who separate and cannot come to an agreement about payment of child maintenance. The Government claims that the new scheme will be fairer, faster and less costly to the taxpayer. The current scheme costs the tax payer 40p for every £1 a parent has to pay.

The regulations proposed include plans to increase the amount of maintenance paid by parents who are in receipt of state benefits, and also for those declaring receipt of a low income.

The Work and Pensions Minister, Maria Miller, said:

“The current system is failing too many children, so I am pleased that we are taking one step further today towards the introduction of a new scheme next year”.

The proposed regulations include:

  • On line self service to enable users to see a history and schedule of their payments, to make payments and to view the progress of their application
  • Annual review of maintenance assessments, but only if either parent can show that an assessment would be 25% different than a historic figure
  • Payments to be based on the non resident parent’s latest tax year gross income, sourced directly from HM Revenue & Customs
  • New rules in relation to “second families” to reduce the gap between financial support for children living apart from non-resident parents, and for children of “second families” living with non-resident parents
  • Increases in the “flat rate” of child maintenance deductions from state benefits
  • For those who share the care of their children exactly equally, parents will no longer be required to pay child maintenance through the scheme
  • Lower percentage rates to reflect the move to use gross income, rather than net income.  The rates proposed are 12% for one child, 16% for two children and 19% for three of more children (currently 15%, 20% and 25%)

The regulations are currently within a consultation period; the closing date for submission of consultations is February 2012.

Family Law Reforms 2011
December 01 2011

Family relationship patterns in England and Wales are continually changing. 71% of most families are still headed by a married couple, but the proportion of cohabiting couple families has increased in the last decade, and the number of step families and children living with parents in same sex relationships has also increased.

The existing system of family law in England and Wales is based around the needs of traditional families. The Government proposes wide scale changes to this system driven by an increasing diversity in families, and a need by Central Government to cut costs. These changes are encompassed in the recently published Independent Family Justice Review and the Legal Aid, Sentencing and Punishment of Offenders Bill.

Many of the recommendations of the Family Justice Review have been applauded as long overdue. The Review recommends that a Family Justice Service is set up to manage the court process, mediation, court social workers and administration of legal aid;  but whilst the Review is welcomed, there has been opposition to the Legal Aid Bill, as being incompatible with the changes proposed in the Review. The Legal Aid, Sentencing and Punishment Offenders Bill is currently passing through the House of Lords.

Only 3 of the 54 peers in the House of Lords who spoke offered support for the Legal Aid, Sentencing and Punishment of Offenders Bill as it passed its second reading on 21st November 2011. There was an “overwhelming feeling” (Lord Bach) that the Government has got part 1 of the bill wrong. The Justice Minister stood by the proposed cuts, as being part of an overall need to cut £2bn from the Ministry of Justice’s £9bn budget.

Part 1 of the bill abolishes the Legal Services Commission (Legal Aid Board) and takes many types of case out of the scope for legal aid funding. The bill now awaits being passed to committee stage and line by line scrutiny of the bill. If changes are not made, there is a risk to the government that the House of Lords will reject the entire bill at third reading in the New Year. The Bill takes most types of family cases out of the scope of legal aid funding.

Findings from a recently published survey by the Citizens and Advice Bureau and Resolution hi-lighted the pressing need for the government to amend the bill. Every year there are over 110,000 divorces in England and Wales and divorce only accounts for 20 per cent of relationship breakdowns. Every year, half a million children and adults are involved in the family justice system.  

Research by the Citizens Advice Bureau and Resolution suggests that 80% of clients needing help when separating, who would currently be entitled to legal aid, will no longer qualify if Part 1 of the Legal Aid Bill is passed. Although the recently published Family Law Review recommends a streamlining of the court process and other methods of resolving disputes relating to children, the fear is that Part 1 of the Legal Aid Bill will result in most parents being unable to get Legal Aid, and the Courts then being overrun with litigants in person.