Sort by

Showing 1 - 13 of 13

Guidance Notes

Guidance Note: Fertility cases

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.

Read full article
Guidance Notes

Guidance Note on Modern Families

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.

Read full article
Guidance Notes

Guidance Note: Cohabitation cases

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.

Read full article
Guidance Notes

Guidance Note: Surrogacy

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.

Read full article
Good Practice Guide

Good Practice Guide to Working with Litigants in Person

Subject to the rules on vexatious litigants, anyone is entitled to act in person. However, there has been a tendency to treat people who do so as a nuisance. With the reforms to family justice, cut backs on legal aid and changes in behaviour in relation to the ways in which people approach family relationship breakdown, there has been a significant increase in the number of litigants in person and you should consider how your dealings with litigants in person will differ from those with another lawyer.

Read full article
Guidance Notes

Guidance Note: Working with the Bar in family cases

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.

Read full article
Good Practice Guide

Good Practice Guide to Communication

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.

Read full article
Good Practice Guide

Good Practice Guide to Working with Vulnerable Clients

In reality all family law clients should be considered as vulnerable, they are usually in a state of heightened emotion when they first meet with their lawyer, and we are usually asking them to explain very personal and upsetting matters with someone they have not met before. There are of course very different degrees of vulnerability and how best to support and assist our clients can be an area of concern and confusion, particularly to less experienced practitioners. This guide is designed to set out some best practice guidance on working together with vulnerable clients.

Read full article
Guidance Notes

Guidance Note: Instructing experts in proceedings involving children

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.

Read full article