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“Judge-free divorces” will not undermine family justice (8 May 2014)

Date: 08/05/2014
Duncan Lewis, Legal News Solicitors, “Judge-free divorces” will not undermine family justice

The President of the Family Division of the courts, Sir James Munby, has said that cuts to Legal Aid will not damage family justice.

Sir James has in the past called for more transparency in the Family Court, including the Court of Protection, which deals with care proceedings for children involved in contentious divorce settlements; as well as the care of elderly and vulnerable people, such as a person with disabilities who is unable to make decisions for himself.

The Law Society Gazette reports that Sir James denies that judge-free divorce cases and more litigants in person might undermine family justice – and has called for more mediation in divorce cases.

Sir James has also recently called for more legal rights for cohabitees who separate. He said that, since 1973, judges have recognised the unfairness that cohabitees face in having no rights to financial relief after separating from a long-term partner.

The Law Society warned last month that reforms to the family justice system could be undermined by cuts to Legal Aid – meaning more people may choose to represent themselves in court (“litigants in person”), rather than pay a barrister’s fees.

This in turn could add to delays in processing family cases and require the court to give guidance to litigants in person on how the court works.

However, Sir James has said that he does not believe that judge-less divorce cases would necessarily lead to more self-representation in courts or delays as a result.

“The way one squares the circle between increasing the number of cases, the increasing time that case takes if there are litigants in person… and the availability of finite resources is, in principle, simple – and, I believe, achievable,” he told a press conference.

Sir James added that robust case management should be applied to private civil cases in the same way as they have been applied to public cases paid for by Legal Aid.

Sir James also suggested more mediation in family cases is necessary – and added that there is “almost a crisis in mediation”, which the government should have foreseen but which, he claims, it has failed to.

Sir James said that the public “had not been sold” on mediation in family cases, but steps were being taken to improve take up “once the message gets out that mediation is available and works”.

Critics of the government’s reforms to Legal Aid have suggested, however, that in cases of domestic violence, mediation instead of court action might lead to a victim of domestic violence having to face their former partner and abuser across the mediation table.

Duncan Lewis Family Solicitors

Duncan Lewis is a leading firm of divorce solicitors and can advise on family law, including:

• Ancillary payments
• Care proceedings
• Child abduction by a parent
• Child abuse
• Child contact and residence
• Cohabiting agreements
• Court of Protection
• Divorce
• Domestic violence
• Elderly care
• International marriages
• Judicial separation
• Power of Attorney
• Pre-nuptial agreements
• Wills, trusts and probate.

Duncan Lewis solicitors can also advise on family law under UK law or Islamic law – and Duncan Lewis is a leading firm of Legal Aid solicitors.

For expert legal advice on family and childcare law, contact Duncan Lewis family solicitors on 020 7923 4020.

For confidential help with domestic violence issues call the Duncan Lewis Domestic Violence Solicitors Helpline on 07920 077054.

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