Knowledge and resources

Each month, Resolution summarises all the key developments for legal aid providers. This is the October 2020 edition.

HMCTS has revealed the most common reasons why online divorce petitions are rejected or errors are encountered. Follow these top tips to ensure your online application goes smoothly.

Resolution is pleased to make available the following suggested guidance for the conduct of a remote hearing as arbitrator or PFDR judge, authored by a distinguished panel of family law arbitrators – and including Resolution members; Nicholas Allen QC, Janet Bazley QC, Andrzej Bojarski, Nigel Dyer QC, Marina Faggionato, Charles Hale QC, Suzanne Kingston and Christopher Pocock QC.

How inclusive are you?

We talk about diversity and inclusion and we have heard it talked about a lot recently. Following the unfortunate passing of George Floyd, the world was shaken and so many wounds were reopened about racism, police brutality and the lack of diversity in certain spaces especially at senior levels.

Resolution is an organisation of 6,500 family lawyers and other family justice professionals in England and Wales, who believe in a constructive, non-confrontational approach to family law matters. Resolution also campaigns for better laws and better support for families and children undergoing family change.  Our members, and the couples and families they work with, are regular users of the family courts.

With the outbreak of Covid-19 many of you will not be at your offices to receive your printed copy of The Review but help is at hand. For every issue we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.

After a lengthy period in the authority desert, pensions on divorce continue to bask in the family law limelight.

In G v T Nicholas Cusworth QC, sitting as Deputy HCJ, considered the basis of company valuation and the concept of continuum versus new venture .

A bumper round up of key family cases from April-August 2020

This extraordinary case pushed family proceedings to the limits in more ways than one.

Following on from a number of perspectives in the previous issue, how do legal and therapeutic skills best interact to ensure clients receive the correct support?

There is no decline in the rising numbers of self-litigating parties, and practitioners need to be aware of the factors – and rules - involved.

Cafcass has now rolled out its new co-parenting programme nationally. It looks like an effective strategy to get high-conflict – but not change-averse – parents back to the drawing board.

The new report stresses the need for fundamental reform and culture change. We must all take responsibility for making that change happen.

Aspiring trainees are facing a changing and uncertain landscape. There are a number of areas that they – and lawyers assessing them – can focus on to make the process as normal as possible.

Online mediation has more than demonstrated its worth to separating families during the COVID-19 pandemic, argues one practitioner.

With the number of international cases ever on the rise, a broad familiarity with other marital regimes can help to remind practitioners of the key issues.

Remote family hearings have changed the game. Will we look back and wonder why we ever did it any differently?

Recent cases are shedding light on the court’s changing interpretations of needs and sharing within the context of prenup agreements.

Necessity breeds creativity, and the current challenges have opened up a new way of working that suits a lot of clients very well. The coronavirus has a lot to answer for. Never in a million years did I picture being able to do my job from home. From the restrictions that were put upon us all, I have been able to adapt the way I work and offer a more flexible approach to suit my clients’ needs.