Knowledge and resources

A divorce coach and family lawyer explain how working together can help our clients separate out emotions from decisions.

Reflective practice gives us time and space to understand how we are really feeling and how family law may be affecting our own wellbeing.

Every now and again there are moments in our journey as family lawyers which give pause and inspire us to re-examine the well-trodden path we have become so familiar with. As Resolution members, we are all well-versed in the range of non-court processes available to separating families (never more beautifully summarised than in Angela Lake-Carroll’s “Staircase of Opportunities”) and we no doubt endeavour to provide an early steer to our clients on the options which may be best suited to their circumstances.

Family lawyers are always avidly aware that a successful FDR hearing, or at the very least a clear indication, can make or break a case. The indications are important to move the matter forward and limit unnecessary expenditure, but also to guide both the client and the practitioner as to the likely interpretation of the court regarding the issues in dispute.

Individual therapeutic support benefits family law professionals – which in turn helps clients.

This workshop was presented by Carmen O’Loughlin and Jovana Ugrinic from the Support Through Court (STC) charity (formerly PSU or Personal Support Unit). As co-chair of the Resolution Litigants in Person Committee, I had a keen interest in hearing more about the service.

Following the expert guidance of Karin Walker and Dr Supriya McKenna in this workshop, I can now identify cases which have the potential to keep me and other family practitioners awake at night where narcissistic personality disorder (NPD) is an issue.

This year I was lucky enough to be able to attend my very first Resolution National Conference. As a new associate member and in the current online climate, I was very much keeping an open mind in relation to what to expect. I have to say that with each presentation the experience became more and more enjoyable; a very insightful week indeed.

In this workshop a panel of Alex Verdan QC, Charlotte Bradley and Dr Mark Berelowitz, chaired by Simon Blain, provided a fascinating and extremely useful insight into high-conflict parental disputes from their wide-ranging perspectives.

It’s a Friday at 5pm, you’re in the office (pre-pandemic), the phone rings and a client says their kids have been taken…

This was the scene set by Simon Craddock (Brethertons) and Laura Morley (4PB) to start off their workshop looking at emergency private children cases where one partner unilaterally removes the children.

Divorces with a foreign element continue to rise, and in uncertain economic times, locating and valuing assets can require specialist input.

The dynamic session on international cohabitation was a highlight of Resolution's National Conference. Chaired by Graeme Fraser of OGR Stock Denton LLP, chair of the Cohabitation Committee, the workshop consisted of a cross-border comparative exercise which was of great help to practitioners and those trying to push for legislative change in this mistreated area of the law.

The scheduling of “Conduct: Who’s to blame and who pays?” was timely, as attendees at the previous day’s Finance Update had overwhelmingly voted the “costs cases” of 2020 and 2021 as the most important judgments of the previous 12 months.

IC v RC [2020] clarifies the circumstances in which the court can use the slip rule to correct drafting errors.

The rarely used Thwaite jurisdiction offers an important alternative to Barder where a client seeks adjustment of a financial remedy order because subsequent events - such as the consequences of the Covid-19 pandemic - render the original order unfair.

This workshop focused on the domestic law of marriage; the recognition of foreign marriages and divorces; and the possibility of making a Part III claim under the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). It was delivered by Tom Dance, Philip Marshall QC and James Roberts QC of 1KBW.

As family law practitioners it is not lost on us that we tend to focus more on marriage breakdown and how people get divorced, as opposed to what the valid requirements are for a legal marriage.

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.

David Burrows with his regular column on family law case summaries.

Practice and procedure – court ordered adjournment to encourage non-court dispute resolution –r3.4 FPR – Case management.