In line with the obligation all Divorce Lawyers have for continuing education, as a firm Lloyd Platt & Co attended the Family Law Conference 2012, run by Jordan’s Publishing. We had the honour of hearing a key note address by Lord Justice Munby, which considered the changes Family Law has undergone during the last 25 years and looked forward to where it may be in another 25 years.
It was a most interesting reminder of how family life was, and how it has now changed. For example, in 1962 there was still capital punishment, censorship of the stage, abortion was illegal, adoption in place arguably to conceal babies born out of wedlock, NHS contraception only available to those who were married and divorce law carried significant flaws with no framework for financial provision as we now have it.
By 1970, there was reform in all of these areas. Indeed, changes in Family Law in recent decades has perhaps outstripped that in any other area of law. It was noted by Lord Justice Munby how we have moved on considerably since the Victorian view taken on marriage, indeed today both spouses are often the joint, co-equal heads of the family, each with equal responsibility for the children. He said domestic matters of common concern are to be settled by agreement not determined unilaterally by a husband, although some may disagree with this view!
Family Law now must reflect the huge change in social and religious life in this country, as well as the rejection by large parts of society of the institution of marriage. We no longer have what used to be recognised as the typical nuclear family and this poses enormous challenges for the legal profession and society at large.
In considering the future, Lord Justice Munby eagerly anticipated the creation of the new Family Court as an opportunity for a system to be created in which children could be dealt with quickly, efficiently and justly. He also considered that reform was desperately needed in relation to co-habitees rights and that this is inevitable over the next few years.
Finally, he felt there needed to be further consideration of the laws relating to marriage and their affect on civil partnership, further considering whether it was now time to remove fault as a basis for divorce and have irretrievable breakdown as a uniform ground. But what do you think?
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