Knowledge and resources

With reforms to family justice, reductions in legal aid and changing approaches to family relationship breakdown, there has been a significant increase in the number of litigants in person. Members should consider carefully how dealings with litigants in person differ from dealings with another lawyer.

Clear evidence that someone has been properly served documents both as to location and timing of such service is essential for your case records. This can be a sensitive area. 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.

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.

It is very common, particularly once court proceedings have commenced, for one or both parties to struggle to meet ongoing legal fees. The parties will often be adapting to financially supporting two separate households and may be unable to release funds from assets, for example those held in joint names.

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.

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. Until cohabitation law reform has been introduced to protect unmarried couples, this guide aims to assist Resolution members, their conveyancing lawyer and private client colleagues to manage these cases effectively, in accordance with our Code of Practice.

This Good Practice Guide will assist all our members including those who do not work solely as domestic abuse specialists to meet good practice expectations in any work where domestic abuse may be relevant, whether you are a lawyer or other professional member and whether you work in person or remotely.

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 resource provides guidance to members dealing with suspected cases of female genital mutilation (FGM). It provides screening questions, information on terminology and information about other useful organisations.

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.

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.

Social media can be a useful tool for family law professionals to connect with the public and other professionals, publicise campaigns, raise the profile of members and communicate about the work we do. As it can potentially reach a wide audience, we must be careful about how our use of social media impacts on our client-related work.

The introduction, development and evolution of new methods of resolving family disputes for changing families means there is a need for us all to look at how we communicate as members of Resolution; with our clients, with other members, with our clients’ former partners if they are not represented by a lawyer, with other members of our clients’ families, with other non-member lawyers, barristers, judges, mediators and arbitrators and more widely within the family justice system. Poor communication accounts for the largest number of complaints received by Resolution.

Written correspondence, such as emails or letters, is still the main method of communication in family disputes. The impact of letters and emails can be significant; therefore, consider who the recipient is and what you hope to achieve with the communication.

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.