Transparency
A continuing trend into 2025 will be the ongoing focus upon transparency within the family court so that justice can be seen to be done. This issue has been at the top of the agenda for the last several years and will continue to be so. In January 2024, the transparency reporting pilot began to be centred at the Central Family Court, Birmingham and Leeds. It enables reporters to report on Financial Remedy proceedings with restrictions to protect the anonymity and confidentiality of the parties. The reporters are provided with documentation to enable them to understand what the case is about. In late 2024, Peel J announced that the project would be extended for an additional year and rolled out to all Financial Remedy Courts.
The trend for greater transparency will also extend to children’s proceedings. The Family Reporting Pilot will be expanded across all of England and Wales in 2025.
Matrimonialisation of Assets
Standish v Standish dealt with the question of whether assets brought into the marriage by one party can become matrimonialised. The Supreme Court has granted permission to appeal the Court of Appeal’s decision and the case will be heard in 2025.
Nuptial Agreements
Whilst there has been an inordinate delay since the Law Commission’s 2014 report on Matrimonial Property, Needs and Agreements it seems that there may be light on the horizon. The Law Commission has been examining possible reform of the law relating to finances on divorce. A scoping paper was published on 18 December 2024 and incorporates possible reform of the law relating to nuptial agreements.
Duxbury
In November 2024 a self-appointed working party looked at how the Duxbury tables work and made various suggestions to amend the tables. The key amendments are in relation to the automatic inclusion of the state pension and the duration. The tables will no longer default to the life expectancy of the recipient. Instead the court should determine the period for which periodical payments should be made and then use that period to calculate the capital.
NCDR
2024 brought a focus and spotlight on Non-Court Dispute Resolution (“NCDR”) and encourages parties to explore alternatives to court proceedings wherever possible. The duty to consider NCDR is no longer a tick box exercise to be carried out at the beginning of proceedings but something that must be kept under review at every stage of the proceedings. Failure to engage properly in NCDR can have consequences for the parties when the issue of costs fails to be addressed. I predict that NCDR services will continue to grow and be utilised at every stage of the process – both before proceedings begin and also at any point during proceedings where it appears that there is the scope for negotiation. This is both sensible to assist the parties in reaching an arrangement that they are content with but also recognises that the Family Courts are overwhelmed with work and consequently matters proceedings before the courts can take many months (sometimes longer) to come on.
Financial Remedies
The Law Commission has been undertaking a review of the law relating to financial remedies and reported at the end of 2024. The report sets out potential models for reform, and the government’s response is now awaited.
Streamlining procedure in lower value cases
A pilot scheme will begin in February 2025 and run for 12 months. The scheme will apply to cases with net assets under £250,000 and the aim is for these cases to be dealt with quickly. The process will be compressed with the first hearing to be treated as an FDR.
Children Law
In 2024 the Victims and Prisoners Act 2024 received royal assent. It will add new sections 10A and 10B to the Children Act 1989 to address the situation where one parent kills the other parent. The change will require that where the offender has PR for children and kills the other parent the Crown Court must make a prohibited steps order when sentencing the offender. The PSO will prevent the offender from taking any steps to meet their PR in respect of the child until the order is either discharged or varied. The government is also planning to introduce changes which will restrict PR for child sex offenders.
Domestic Violence
The government has indicated that it will offer more support to fund victims of domestic abuse to assist them in escaping their abusers. Victims will be able to apply for payments for essential items and new accommodation.
Cohabitation
Emily Thornberry speaking at the Labour Party Conference in October 2023 said that the Labour government would reform the law for cohabiting couples. In the Labour Party Manifesto 2024 they pledged to “strengthen the rights and protections available to women in cohabiting couples.” Whilst there is no doubt that a debate around the protections available to those who choose to cohabit is welcome, the reality is that there is likely to be a significant gap before the government addresses cohabitation rights and legislation is unlikely to appear in 2025.
For further information, please contact Kelly Gerrard, Legal Director and Knowledge Development Lawyer in the Family Department or, alternatively, telephone on 020 3911 2083.
To learn more about divorce, separation and family law visit our dedicated webpage and download a free copy of our Essential Guide to Divorce and Family Law here.
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