Family law: what to expect in 2015

In many ways, 2014 proved to be a momentous year for family law developments with the Children and Families Act 2014 receiving Royal Assent, and the Marriage (Same Sex Couples) Act coming into force. With a general election fast approaching in May, there is no reason to suspect that 2015 will not be similarly busy as any new government will look to bring in their own family law policies. Here we look ahead to some of the major developments affecting families that we might expect to see over the next twelve months.

Mediation

The push towards mediation and other forms of dispute resolution is expected to continue in the coming year as the government and the courts continue to make concerted efforts to steer couples away from the courtrooms. The Children and Families Act 2014 has made it a requirement to attend a family Mediation, Information and Assessment Meeting (MIAM) to consider whether mediation is appropriate for a matter before applying for certain types of court order. Legal advisors will be able to provide advice as to the most appropriate methods for couples, based on their individual needs and objectives, and in many cases be able to provide dispute resolution services to them directly.

Cohabitants

The Cohabitation Rights Bill has had its second reading in the House of Lords recently and has now passed through to Committee Stage. Anyone currently in a cohabitating relationship does not share the same legal protection as married couples on the breakdown of a relationship, although many continue to believe the myth of 'common law marriage'. With more couples living together than ever before, the new cohabitation laws are proposed to give better and fairer legal protection to those meeting eligibility criteria, indicating a committed relationship. In the meantime, cohabitants should continue to seek legal advice about their position at significant points in their relationship, such as when purchasing a property, and not just when a relationship breaks down.

Divorce case law

As well as legislation, it will be a busy year of case law with two family law cases to be decided in the Supreme Court. The appeal in the case of Vince v Wyatt has been recently heard, where the wife is seeking a large lump sum many years after divorcing her entrepreneur husband (whose fortune was generated many years after the divorce). The decision is due in early 2015 and the case serves as a stark reminder that, as things stand at the moment, financial claims between a husband and wife will not be extinguished until a financial order has been sealed by the court. Later in the year, the Supreme Court will also hear the appeal in Sharman v Sharman, where the effect of non-disclosure in financial proceedings will be considered.

Prenuptial agreements

Finally, as seems to be the case every year, the legality and enforceability of prenuptial agreements continues to be a key topic. While 2014 has seen such agreements being upheld by the courts, the tail end of 2014 saw Baroness Hale, deputy president of the Supreme Court, call into question their appropriateness. The Law Commission recommended in February 2014 that pre-nuptial agreements should be made legally binding in English courts to provide certainty, and so we should see the law continue to develop towards this objective. However in light of the comments made by Baroness Hale, expect the furore and controversy surrounding this topic to continue in 2015. In any event, for the time being, while pre-nuptial agreements are becoming more commonplace and will be given weight provided certain criteria have been complied with, the courts will not always follow them and parties should always engage legal advice when considering this as an option.

These provide just a summary of what might be expected in another busy year of developments for family law. This area of law is rapidly changing and anyone with a family law issue should take expert advice from an experienced family lawyer where necessary for guidance as to their legal rights and on the best way to bring matters to a positive resolution.

Josh McEvoy is a family lawyer at Mundays LLP