2024 promises to be a pivotal year for family law in the UK, with several significant legislative amendments and consultations set to conclude. These changes are poised to impact various aspects of family law, influencing the lives of many individuals dealing with family-related legal issues. As we embark on the new year, let’s explore the key changes on the horizon and what they might mean for family law in 2024.
Financial Remedies Court Reporting Pilot
The drive for greater transparency in the Family Court continues in 2024 with the introduction of the Financial Remedies Court (FRC) reporting pilot. This initiative, starting on January 29th, will allow accredited journalists and bloggers to report on financial remedies proceedings. These proceedings cover financial issues arising from divorce, civil partnership dissolution, and financial support for children.
The pilot will be conducted in three trial courts: the Central Family Court, Birmingham, and Leeds. While this move aims to increase understanding and scrutiny of the family law system, it is important to note that certain hearings, such as Financial Dispute Resolution, will remain confidential to protect the privacy of those involved.
Proposed Amendment to Victims and Prisoners Bill Affecting Parental Responsibility
In January 2024, the Ministry of Justice will advance the proposed amendment to the Victims and Prisoners Bill. This amendment, announced in 2022, seeks to automatically remove parental responsibility from parents convicted of the murder or voluntary manslaughter of their co-parent.
The push for this legislation arose following the tragic case of Jade Ward, who was murdered by her partner in 2021. Her family has since campaigned for changes in the law to ensure that convicted offenders cannot seek information about their children or make key decisions in their lives. The Ministry of Justice has confirmed that there will be exemptions for cases involving domestic abuse.
Possible Outline of Future Financial Remedies Reform
The Law Commission of England and Wales launched a comprehensive review of financial remedy orders in 2023. This review aims to assess the effectiveness of current laws governing the division of finances post-divorce or civil partnership dissolution, as outlined in the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.
Key areas under review include the discretionary powers of judges, the extension of powers for orders involving children over 18, pension-related orders, and the structure of post-divorce financial payments. The findings, expected in a scoping report in September 2024, could pave the way for significant reforms in financial remedies legislation.
Family Court Fees to Rise
The UK Government has completed a consultation aimed at increasing court fees by up to 10% in 2024. This move is intended to generate additional revenue to ensure the courts remain adequately resourced and accessible to all who seek justice.
In 2022/23, court fees generated £727 million of the total £2.3 billion cost to run His Majesty’s Courts and Tribunals Service (HMCTS), with the rest funded by taxpayers. The proposed fee increase is expected to generate up to £42 million annually, helping to keep pace with rising costs, improve service delivery, subsidize free services, and reduce the overall burden on taxpayers.
Some key family court fee increases include:
- Application for a parental order: from £232 to £255
- Application/permission to apply for adoption: from £183 to £201
- Application for a financial order (other than consent order): from £275 to £303
Resolving Family Matters Out of Court
In 2024, there will be continued emphasis on resolving family disputes outside the court system. Following last year’s consultation on ‘Supporting earlier resolution of private family law arrangements,’ we may see the introduction of mandatory mediation for suitable low-level family court cases. This measure aims to divert disputes away from overburdened courts and protect children from the effects of prolonged and contentious legal battles.
By encouraging parties to seek resolution through mediation, the government hopes to foster a more amicable environment for resolving family disputes and reduce the emotional and financial strain on those involved.
As these developments unfold, 2024 stands to be a transformative year for family law in the UK. Each legislative change and new initiative will shape the landscape of family law, offering new avenues for justice and support for those navigating family legal matters. Stay tuned as we continue to monitor and report on these significant changes throughout the year.
