Category: Family Law

Family Law articles mainly focussed on law and legal matters in England and Wales.

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Perjury Act 1911

Ministry of Injustice - Law and Justice

The Perjury Act 1911 is an Act of Parliament in the United Kingdom that sets out the offence of perjury. Perjury is the act of giving false evidence under oath in a court of law or in any legal proceeding.

The Perjury Act 1911 provides that any person who, in any judicial proceeding, wilfully makes a false statement under oath, or produces any false document or thing, shall be guilty of perjury. The Act also sets out the punishment for perjury, which is imprisonment for a term not exceeding seven years.

The Act also provides for the offence of subornation of perjury, which is the act of inducing another person to commit perjury. Anyone who is found guilty of subornation of perjury can also be punished with imprisonment for a term not exceeding seven years.

The Perjury Act 1911 is an important piece of legislation that helps to ensure the integrity of the legal system by deterring people from giving false evidence or inducing others to do so. It is still in force today and continues to be used to prosecute those who commit perjury in legal proceedings in the United Kingdom.

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Matrimonial Causes Act 1973

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The Matrimonial Causes Act 1973 is a significant piece of legislation relating to Family Law that reformed the law governing divorce and separation in England and Wales. This act came into effect on 1st January 1974 and replaced the previous law, the Matrimonial Causes Act 1965.

The purpose of the Matrimonial Causes Act 1973 was to modernize and simplify divorce law, to make it more equitable and to eliminate some of the outdated and sexist aspects of the previous legislation. The act also sought to make it easier for couples to divorce, while at the same time recognizing the importance of the institution of marriage.

Under the Matrimonial Causes Act 1973, there is only one ground for divorce, which is irretrievable breakdown of marriage. This can be proven through one of five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion for two years or more
  • Separation for two years or more with consent
  • Separation for five years or more without consent

This system of “no-fault divorce” replaced the old system, which required one spouse to prove that the other was at fault, such as through adultery, desertion, or cruelty.

The Matrimonial Causes Act 1973 also introduced new provisions for financial settlements following divorce. This includes the principle of “fairness,” which requires the court to consider all the circumstances of the case and ensure that the settlement is fair to both parties.

One of the most significant changes introduced by the Matrimonial Causes Act 1973 was the creation of the Family Division of the High Court, which deals with family law matters such as divorce, custody, and adoption. This division replaced the old divorce courts, which were seen as outdated and inadequate for the modern era.

The Matrimonial Causes Act 1973 also recognized the equal status of both spouses in marriage, which was a significant change from the previous law that viewed the husband as the dominant partner. The act abolished the concept of “matrimonial offenses” and recognized that both spouses could be guilty of behaviour that could lead to the breakdown of the marriage.

The act also introduced new provisions for custody and access to children following divorce. These provisions require the court to consider the best interests of the child when making decisions about custody and access.

Overall, the Matrimonial Causes Act 1973 was a significant step forward in modernizing and simplifying divorce law in England and Wales. It eliminated many of the outdated and sexist aspects of the previous legislation and recognized the equal status of both spouses in marriage. The act also introduced new provisions for financial settlements, custody, and access to children, which have helped to ensure that divorce proceedings are fair and equitable for all parties involved.

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Divorce, Dissolution and Separation Act 2020

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The Divorce, Dissolution and Separation Act 2020 is a piece of legislation in the United Kingdom that makes significant changes to the process of obtaining a divorce or dissolution of a civil partnership. The Act introduces a new “no-fault” divorce system and aims to simplify and modernize the process of ending a marriage or civil partnership.

The key changes introduced by the Act include:

  1. No-fault divorce: The Act introduces a new “no-fault” divorce system, allowing couples to apply for a divorce or dissolution without having to allege fault on the part of the other party, such as adultery or unreasonable behavior. Instead, they will only need to state that the marriage or civil partnership has irretrievably broken down.
  2. Joint applications: The Act allows couples to make a joint application for divorce or dissolution, rather than having to nominate one person as the petitioner.
  3. Removal of the possibility of contesting: The Act removes the ability for one party to contest the divorce or dissolution, making the process simpler and quicker.
  4. Minimum timeframe: The Act introduces a minimum timeframe of 20 weeks from the start of the divorce proceedings to the issuance of a conditional order, and a further 6 weeks from the issuance of the conditional order to the final order.

Overall, the Divorce, Dissolution and Separation Act 2020 represents a significant reform of the divorce process in England and Wales, moving towards a system that is more modern, amicable, and less adversarial. The Act aims to reduce conflict between couples and make the process of ending a marriage or civil partnership simpler, quicker, and less stressful for all involved.

Guidance from the President of the Family Division – The Right Honourable Sir Andrew McFarlane in relation to the Divorce, Dissolution and Separation Act 2020 was issued on the 28th March 2022.

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Family Law Act 1996

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The Family Law Act 1996 is an Act of Parliament in the United Kingdom that sets out the legal framework for family matters such as divorce, domestic violence, and child custody. The Act aimed to modernize and simplify family law, promote the resolution of family disputes through mediation, and encourage cooperation between parents in cases involving children.

The Family Law Act 1996 gives the courts and judges a number of powers, including:

Divorce: The Act introduced a new concept of “irretrievable breakdown” of marriage as the sole ground for divorce. The court has the power to grant a divorce if it is satisfied that the marriage has irretrievably broken down.

Mediation: The Act requires parties to consider mediation as a way to resolve their disputes before they can proceed with a court application. The court has the power to adjourn proceedings to allow parties to participate in mediation and to make orders for mediation.

Domestic violence: The Act introduced new measures to protect victims of domestic violence, including the power of the court to issue injunctions and restraining orders.

Child custody: The Act established the principle that the welfare of the child is the paramount consideration in any decision made by the court regarding the child’s custody, upbringing, and welfare.

Child contact: The Act introduced the concept of “parental responsibility” and established that both parents have a duty to maintain contact with their child after separation. The court has the power to make orders for contact and to enforce these orders.

Financial provision: The Act gives the court the power to make orders for financial provision on divorce, including maintenance payments, lump sum payments, and property adjustment orders.

Overall, the Family Law Act 1996 provides the courts and judges with a wide range of powers to resolve family disputes and protect the welfare of children and vulnerable adults.

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Children Act 1989

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The Children Act 1989 is a comprehensive piece of family law legislation that has revolutionized child welfare in the United Kingdom. Among its many provisions, the Act establishes parental responsibility, sets out the powers of the court in relation to children, and addresses the issue of parental alienation. In addition, the Act created the Children and Family Court Advisory and Support Service (CAFCASS) to assist the courts in making decisions about the welfare of children.

One of the most significant aspects of the Children Act 1989 is the establishment of parental responsibility. This concept refers to the legal rights, duties, powers, and responsibilities that parents have in relation to their children. Under the Act, parental responsibility is automatically conferred on a child’s mother, and on the child’s father if he is married to the mother or listed on the child’s birth certificate. However, other individuals can also acquire parental responsibility, such as step-parents and guardians.

The concept of parental responsibility is critical in the context of child welfare, as it establishes the legal framework for decision-making about a child’s upbringing, health, education, and other aspects of their life. It also creates a range of rights and obligations for parents, including the duty to provide for their children financially and the right to make decisions about their children’s medical treatment.

Another important aspect of the Children Act 1989 is the issue of parental alienation. This refers to situations where one parent deliberately or unintentionally undermines the relationship between a child and their other parent, often as part of a dispute over child custody or access. Parental alienation can have a significant impact on a child’s well-being and can lead to long-term psychological harm.

The Children Act 1989 recognizes the seriousness of parental alienation and provides the courts with a range of powers to address it. For example, the Act allows the court to make orders to restrict a parent’s contact with a child if it is deemed to be in the child’s best interests. The Act also provides for the appointment of CAFCASS officers, who can carry out investigations and make recommendations to the court in relation to matters of child welfare.

The powers of the court in relation to children are another crucial aspect of the Children Act 1989. The Act gives the court a wide range of powers to protect children from harm, including the power to make care orders, supervision orders, and emergency protection orders. These orders are designed to ensure that children are removed from situations of danger and placed in safe and secure environments.

A care order is one of the most significant powers of the court under the Children Act 1989. This type of order gives the local authority responsibility for a child’s care, and it can be made if the court is satisfied that the child is suffering or is likely to suffer significant harm. A supervision order, on the other hand, requires the local authority to provide advice, assistance, and support to a family to ensure that a child’s welfare is protected.

The role of CAFCASS is also a critical aspect of the Children Act 1989. This organization is responsible for providing advice to the courts on matters of child welfare, including parenting arrangements, contact arrangements, and other issues. CAFCASS officers carry out investigations and make recommendations to the court in relation to the best interests of the child.

In conclusion, the Children Act 1989 is a ground breaking piece of legislation that has transformed child welfare in the UK. Its provisions on parental responsibility, parental alienation, the powers of the court, and the role of CAFCASS have all contributed to ensuring that children are protected from harm and that their best interests are always the paramount consideration.

While the Act has undergone some amendments over the years, its fundamental principles remain as relevant today as they were when it was first enacted.

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Fraud Act 2006

Ministry of Injustice - Law and Justice

Obtaining court orders, including Family Law orders, by fraud is a criminal offence in the UK and can result in serious penalties. The relevant legislation in the UK is the Fraud Act 2006.

You may be interested in our article about Fraud and the Justice System.

Under this Act, it is an offence to dishonestly make a false representation with the intention of causing a gain or loss. This could include making a false statement or providing false documents in order to obtain a court order.

The penalties for committing fraud in the UK can vary depending on the severity of the offence. In cases where the fraud involves significant amounts of money or other assets, the penalties can be severe, including lengthy prison sentences and large fines.

It is also worth noting that the court has the power to set aside any order obtained by fraud or deception, and may take further action against the party who obtained the order. This could include criminal charges and civil litigation.

If you have been the victim of a fraudulently obtained court order, you should seek legal advice from a qualified solicitor or lawyer as soon as possible.

The Fraud Lawyers Association (FLA) was established in 2012. Its members are drawn from leading firms and chambers.

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Rogue Family Lawyers

According to ChatGPT Artificial Intelligence (AI) when asked the following question about rogue family lawyers including rogue solicitors and barristers :-

“Write 500 words about rogue family lawyers in the UK“

Family law can be a complex and emotionally charged area, which makes it all the more important for clients to find a competent and trustworthy lawyer to represent their interests.

Unfortunately, there have been instances of rogue family lawyers in the UK who engage in unethical or illegal behavior, thereby causing harm to their clients and damaging the reputation of the legal profession.

One common issue is that of lawyers who fail to properly manage their clients’ cases, leading to significant delays and resulting in their clients losing out on a fair resolution. This can happen when lawyers do not keep their clients informed about the progress of their case, or neglect to file necessary documents on time, or when they provide poor quality legal representation. These types of rogue lawyers can cause serious harm to their clients, who may be left without the financial or emotional support they need during a difficult time.

Another issue is that of rogue lawyers who charge exorbitant fees for services that are not provided or performed to a satisfactory standard. This can be particularly problematic in the area of family law, where clients are often going through a stressful and emotional time, and may not be in a position to carefully scrutinize the fees being charged by their lawyer. Rogue lawyers may take advantage of this vulnerability by charging unreasonable fees for services that are not provided, or by adding hidden charges to their bills.

In addition to these types of unethical behavior, there have also been instances of rogue family lawyers who engage in illegal activities such as fraud or embezzlement. This can occur when lawyers misuse funds from their clients’ accounts, or when they provide false information to clients about their financial situation or the status of their case. These types of rogue lawyers can cause serious financial harm to their clients, and can also damage the reputation of the legal profession.

To protect clients from rogue family lawyers, the UK has several regulatory bodies, such as the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB), which are responsible for monitoring the conduct of lawyers and taking disciplinary action against those who engage in unethical or illegal behavior. Clients who feel they have been the victim of a rogue family lawyer can also make a complaint to these bodies, who will investigate the matter and take appropriate action.

In conclusion, while the majority of family lawyers in the UK are competent and professional, there are instances of rogue lawyers who engage in unethical or illegal behavior, causing harm to their clients and damaging the reputation of the legal profession.

It is important for clients to do their due diligence and choose a reputable lawyer, and for regulatory bodies to enforce high standards of conduct for all family lawyers in the UK.

The Legal Ombudsman was set up by the Office for Legal Complaints (OLC) and established under the Legal Services Act 2007. Their job is to help resolve disputes between consumers and legal service providers.

The Legal Services Act 2007 allows the OLC to publish reports of investigations or Ombudsman decisions if it considers it “appropriate to do so in any particular case”

Click here to see if your family lawyer or family law firm is listed

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Divorce Law

legislation

Divorce law in England and Wales is changing from the 6th April 2022, with the introduction of no fault divorce. This means that couples will be able to get divorced without one person needing to lay blame on the other. This change will also be applied to civil partnership dissolution.

Couples told to be wary of ‘greedy’ lawyers

Here is a breakdown written by Co-op legal services of what the divorce law reforms look like and how no fault divorce will work after these changes have come into effect.

1. Divorce can be granted without one person (spouse) blaming the other

The most important element of no fault divorce is, of course, the removal of fault or blame from the divorce process. Under the new laws, couples will be able to get divorced solely on the basis that the marriage has broken down, without needing to cite one of the 5 reasons for divorce (as is currently required).

This means that if the couple agrees to a divorce and the divorce is amicable or uncontested, there won’t be a requirement for one person to blame the other for the breakdown of the marriage.

2. Couples will be able to apply for divorce jointly

Under current laws, one spouse needs to issue divorce proceedings against the other. The person who starts the divorce is called the petitioner and the other person is called the respondent. Under the no fault divorce system, both people will be able to make the application jointly. 

3. Divorce terminology will be updated

Some of the wording used in the divorce process has been flagged as outdated, so this is being brought up to date. The person applying for the divorce will be called the applicant, instead of the petitioner. The decree nisi will become the conditional order and the decree absolute will be called the final order.

4. There will be a minimum of 20 weeks between the application and conditional order

A minimum timeframe of 20 weeks is being introduced between the application and the conditional order. This timeframe has been introduced to counter concerns that the reforms will make divorce a quicker and easier option for couples than trying to save their marriage. This ‘period of reflection’ will give couples an opportunity to reflect and work through their differences before committing to a divorce.

There will then be a minimum 6 week period between the conditional order and the final order.

Another option for couples is to enter into a separation agreement, which is a written agreement outlining the terms of the separation. A separation agreement will not end the marriage, but it can enable both people to agree on the terms of the separation.

5. It will no longer be possible to contest a divorce

Under the current system, one person submits a divorce petition, citing their spouse’s behaviour or a period of separation as the reason for the divorce, and their spouse can contest this. This is exactly what has happened in the high-profile divorce case of Tini and Hugh Owens. Under the new no fault divorce system, this option will be removed.

Current divorce process in England and Wales

In order to be granted a divorce in England or Wales, the court needs to be convinced that the marriage has irretrievably broken down, to a point where it can’t be saved.

Under current laws, unless a couple lives separately for at least 2 years they can only get a divorce if one person blames the other for this irretrievable breakdown of their marriage, and this must fall into the category of either adultery or unreasonable behaviour.

These blame-based options are two of 5 legally recognised reasons for the breakdown of a marriage under current laws. 

Source: Co-op legal services

Divorce, Dissolution and Separation Act 2020

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The Divorce, Dissolution and Separation Act 2020 (Commencement) Regulations 2022 states :

The-Divorce-Dissolution-and-Separation-Act-2020-Commencement-Regulations-2022Download

“The Divorce, Dissolution and Separation Act 2020 comes into force on 6th April 2022 in so far as it is not already in force.”

The gov.uk website has various help and guidance on Crime, justice and the law.

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