Taking Into Account The Recently Introduced, New Family Law Rules (2011)
April 2011 saw additional rules being added to family law - there were a lot of rules put in place (enough to fill 268 pages). Here's a quick summary of the pages, condensed immensely, so don't worry! One of the main changes was the concept of an 'overriding objective' being introduced. So, what do we mean by this? Well, this ensures that Judges are able deal with cases both efficiently and in a fair manner. These new rules mean that cases must be balanced resulting in the parties being on 'equal footing' and for Judges to assign the correct amount of time to the case according to its nature.
In addition to the introduction of 'overriding objective', the new rules also bring into play the ability of Judges to ask parties to attend mediation or some other kind of dispute resolution before being allowed to continue with financial claims or children applications. In reality, the adoption of these new rules has been very slow in Courts throughout the UK. However, it is highly likely that the way in which the Courts approach family law will change within time; it may just take a little longer than initially expected.
The changes that being suggested with legal aid will result in a vast amount of people no longer qualifying for legal representation and they won't be able to afford to pay private legal costs. The consequence of this alteration will undoubtedly see the Courts having to deal with more litigants in person, which will slow down the process and create an increased workload for Judges. As this happens, it's likely that Judges will start to take up the new family law changes with more enthusiasm, making applicants to the Court first of all try mediation before dealing with their case.
Many Solicitors across the country will also start to employ family law mediators. There will also be a flurry of change in approach to family law disputes. More and more Solicitors are finding ways of attempting to settle matrimonial disputes rather than having to turn to the Courts.
The use of the collaborative law approach is also increasing. This is where both parties each have a Solicitor and all involved agree not to issue financial proceedings and to negotiate. As less people have access to legal aid, these methods will undoubtedly become more popular as time progresses and we will eventually see a change in the practice of family law.
In addition to the introduction of 'overriding objective', the new rules also bring into play the ability of Judges to ask parties to attend mediation or some other kind of dispute resolution before being allowed to continue with financial claims or children applications. In reality, the adoption of these new rules has been very slow in Courts throughout the UK. However, it is highly likely that the way in which the Courts approach family law will change within time; it may just take a little longer than initially expected.
The changes that being suggested with legal aid will result in a vast amount of people no longer qualifying for legal representation and they won't be able to afford to pay private legal costs. The consequence of this alteration will undoubtedly see the Courts having to deal with more litigants in person, which will slow down the process and create an increased workload for Judges. As this happens, it's likely that Judges will start to take up the new family law changes with more enthusiasm, making applicants to the Court first of all try mediation before dealing with their case.
Many Solicitors across the country will also start to employ family law mediators. There will also be a flurry of change in approach to family law disputes. More and more Solicitors are finding ways of attempting to settle matrimonial disputes rather than having to turn to the Courts.
The use of the collaborative law approach is also increasing. This is where both parties each have a Solicitor and all involved agree not to issue financial proceedings and to negotiate. As less people have access to legal aid, these methods will undoubtedly become more popular as time progresses and we will eventually see a change in the practice of family law.
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