Knowledge and resources

This guidance note provides an overview of working within the Code of Practice when faced with complex and sensitive issues involving Female Genital Mutilation (FGM).

This good practice guide provides guidance about safeguarding children and young people for Resolution's members, their Compliance Officers for Legal Practice (COLPs), and others responsible for risk and compliance.

Issues regarding fertility law have increased significantly in the last few years and members are now likely to encounter such issues on a more frequent basis. There are family lawyers who have a particular specialism in fertility law, but it is an area in which we should all be able to give advice and assistance when requested. This guide aims to assist our members on best practice in this area.

The family is not just heteronormative (straight) couples who have their own children; it likely never was. The prevalence of 'alternative' or 'modern' families is more mainstream and accounts for more than 5% of the population. There will be locations in the UK, eg Brighton, Manchester and London where that percentage is much higher. This Guidance Note is a resource for members to help increase the understanding around language and culture but you are encouraged to do your own research.

Non-married cohabiting relationships continue to increase year on year, so advising clients embarking on cohabitation, those already living together wanting to understand their ‘rights’ and those whose cohabiting relationship has broken down, will continue to form an increasing part of the workload of family lawyers. This guide aims to assist Resolution members and their conveyancing lawyer and private client colleagues to manage these cases effectively, in accordance with our Code of Practice.

Surrogacy is an area of family law that is on the rise and many practitioners all over the country are being asked to give advice. While there are surrogacy lawyers who specialise in this work, all of us should be equipped to deal with a surrogacy enquiry and to refer on where necessary.
In particular, it is important to note that the Law Commission of England and Wales, jointly with the Law Commission of Scotland, prepared a report (dated 29 March 2023) and draft legislation to outline a proposed reform to the current regulatory regime.

Family proceedings (whether through NCDR or court-based) should be conducted cost effectively without compromising the quality of advice that clients crave and deserve, balancing the benefits of any steps taken against the likely costs – financial or emotional. Many family cases are now concluded without the involvement of barristers. However, certain clients will benefit from representation by an effective team of lawyer and barrister in order to achieve an appropriate balance between cost and quality. This guidance note offers advice on best practice for family law professionals when working with a barrister.

This guide is intended to assist practitioners in advising clients on when expert evidence is required, and instructing the expert in such a way as will be of maximum benefit to the client in assisting them, or the court, in reaching a resolution of a matter in dispute between the parties.

Service of documents is a particularly sensitive area. It is sometimes essential that documents are served upon the other party personally, but this could inflame the situation and be counterproductive to the aims and ethos of the Resolution Code of Practice.

This guide looks at the issues and ways in which service of documents can be achieved in a constructive way, in order to avoid increasing the acrimony between the parties.

One of the most important aspects of a family lawyer's job is to draft documents on behalf of clients. The documentation can take many different forms and it is often these documents that are pivotal in resolving disputes between parties, whether at a court hearing or in negotiations.

The Guides to Good Practice build on the Code of Practice by developing the ethos behind it into areas of practice. This guide focuses on referrals to contact centres and the best practice needed in these cases.

The object of all dispute resolution is to clarify facts and narrow issues. The use of experts may be considered in child-related situations, including proceedings. Those involved in assisting parties, including the court, may be helped by an expert’s findings in relation to injuries or medical complaints, psychological problems including attachments, or even how children have reacted in a supervised contact centre.

During this time of special arrangements for everyone due to the Coronavirus outbreak we are aware that all our members are doing their upmost to continue to serve the needs of clients.

It goes without saying we all want to practice law and dispute resolution in a non-discriminatory and culturally sensitive way. Beliefs, values and institutions are often specific to ethnic, racial and religious groups. Being culturally competent is part of our professionalism. Without this awareness we are amateurs and risk being ineffective in meeting the needs of our clients and securing the solutions that are required long term.

The aim of this Guidance Note is to explore different values and practices, and in doing so, to help you improve the experience of your clients in whatever process you practice, in respect of their faith, culture and belief.

This guidance has been jointly agreed between Resolution and The Law Society. Particular thanks and acknowledgements are recorded here to The Law Society and Resolution

The aim of this guidance note is to make more efficient the process by which initial enquiries are made of experts and by which they are instructed. It is hoped that the precedents can become widely adopted as through familiarity these benefits will become enhanced. However it provides guidance on the most common questions and issues that arise, but with the warning to practitioners to focus on the specific needs of each case rather than a routine adoption of what can be no more than a model.

Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in recognition of this increasing role that this guidance note on dealing with them has been revised. If these agreements are not a mainstay of your practice then it is important for you to consider instructing specialist counsel to provide an opinion on the content of the proposed agreement, review the advice you have given or draft the agreement itself.

There is a fundamental principle that full and frank financial disclosure is needed in order for any consensus to be capable of forming a binding agreement, arbitral award and/or court order, irrespective of the process used to get there. This principle has been established for many years, although tested from time to time in the courts – sometimes with unexpected results. The law continues to develop.

The Family Procedure Rules (FPR) 2010 came into force on 6 April 2011 and made a number of changes to the way in which familiar documents need to be presented.
This practice guide is not intended to set out all of the forms that are in place. The list of forms is extensive, and we recommend that you make yourself aware of them. The purpose of this guide is to highlight the key points in relation to the requirements when finalising and submitting documents in relation to family proceedings. All references are to the FPR 2010, unless otherwise stated.