We have certainly had a turbulent ride in 2020 with the pandemic causing unprecedented chaos and disruption and changing the legal landscape.
Today’s Family Lawyer asked professionals and organisations in the industry their predictions for 2021 – and what they think will happen in the sector in the coming year.
Elaine Richardson, co-chair of the Law Society’s family law committee said:
“2020 was an eventful year for family law. 2021 will mark new changes – such as the introduction of no-fault divorce – and see the profession continue to adapt our ways of working during the Covid-19 pandemic.
“We are pleased the Divorce, Dissolution and Separation Act is due to be implemented in autumn 2021. The introduction of ‘no fault’ divorce is long overdue and will cut unnecessary conflict from the separation process – allowing couples to move on as amicably as possible and bringing our divorce laws into the 21st century.
“We would also encourage practitioners to consider using mediation and other alternative dispute resolution methods where appropriate to help reduce the backlogs.
“Innovation and use of technology is a key driver of productivity growth in the legal sector. In 2020, family law professionals have had to get to grips with new technologies as they attended virtual hearings and worked from home during the pandemic.
“We have seen the family court progress significantly in only a few months and we hope that this journey will continue. Family law professionals at the forefront of using applications such as electronic bundling, paperless working, cloud data management, VoIP phones and digital signature software have been ideally placed to adapt to ‘the new normal’ whilst streamlining their business model. This continuing journey will be key to moving forward in 2021 and for practices to not only survive but thrive.
“The Law Society’s family law committee will continue to work to support and represent the interests of the family law community. We are updating our Family Law Protocol which we hope will be a useful reference for family professionals.”
Samantha Woodham, Barrister and Co-Founder of The Divorce Surgery commented. She said:
“The pandemic has been a tough year for everyone. But in Family Justice, it has shone a light on the need for root and branch review of the way we take couples through the process of divorce. With the recent publication of the Family Solutions Group report, and the Family Justice Board’s statement, it is clear that the Court and Government is looking to move away from adversarial family litigation to a problem solving approach, helping separating couples work together to resolve their family issues, rather than against each other. This will tie in very much with the implementation of the no-fault divorce legislation in Autumn 2021, which will enable couples to petition for divorce jointly, and take blame out of that process. This very much chimes with what we have long been advocating for at The Divorce Surgery. As the only regulated service in England and Wales which enables couples to share a lawyer on divorce, we believe that the default position should be for couples to navigate divorce together, reducing conflict and saving time and costs. I believe 2021 will represent a further shift away from the ‘War of the Roses’ approach to divorce, and develop our understanding that this is not the breaking up of a family, but rather re-shaping it in a way that is kind, dignified and respectful for all.”
Maria Coster, senior solicitor at Stowe Family Law added:
“I expect that remote hearings within family law, especially First Hearing Dispute Resolution Appointments (FHDRAs) in children matters and First Direction Appointments (FDAs) in financial matters, are here to stay. In the majority of cases these hearings are administrative in nature and so it is more efficient for the court and more cost effective for clients that the hearings are heard remotely.
“For those cases where face to face and/or Final Hearings are necessary, the timescales for listing these cases continues to grow. It is not known how the family courts intend to address the listing issue.
“We are expecting the no fault divorce to be introduced in summer 2021. It remains to be seen whether, like in Scotland when the no fault divorce was introduced there, whether the divorce rates will fall in early 2021 whilst people await the new contentious approach to be accessible. However what with covid-19 and Brexit, it also remains to be seen whether the timescales of summer 2021 are achievable.”
Sarah Jane Lenihan, partner at Stowe family Law further added:
“2020 has certainly been a testing time for many which we have seen put added strain on relationships and an increase in enquiries. I question heading into 2021 with further restrictions and lockdown measures will lead to further breakdown of relationships or if those who have made it through will just get stronger and continue to survive. With every enquiry before proceeding at Stowe Family Law LLP we always ensure that a divorce/separation is the right route before proceeding and work with a number of other experts who are able to provide support during challenging times such as counsellors and therapists to ensure that no one rushes into such a major decision of separation due to temporay pressures which we all hope will be relived in the new year.”
Victoria Moffatt, founder and MD of LexRex further commnented. She said:
“The family law sector in the UK is remarkably resilient, and although many firms saw a drop in instructions during the first lockdown, there was then a corresponding increase in instructions as the toll of lockdown took its effect on many marriages.
‘In essence, lockdown probably accelerated the demise of relationships that were in difficulty anyway.
“In 2021, people will continue to fall in love, marry and sadly some marriages will end in divorce and relationships in separation. The demand for family law services is therefore unlikely to materially alter. As ever there is an opportunity for the firms that are very clear about who they serve, what they offer and why they are different from everybody else.
“Successful family law practices and individuals will focus on certain target audiences or niches. Being known and recognised for a certain trait or strength across a particular niche almost always creates a more compelling brand.
“And although there are people you won’t buy into the brand or simply aren’t be the right ‘fit’ for your proposition – those that do recognise and want what you offer will come to you first.
“The next challenge once people are on the books of course is ensuring that your offer meets what you’ve promised. If you get both of these elements right (and your PR and marketing is effective), you’ll have a strong external reputation and happy clients who send their friends to you.
“This is what family law practices should aim for in 2021 and the ones who get it right will reap the rewards.”
Rachel Joyce, solicitor at Stowe Family Law said:
“My predictions for the sector in 2021 are that, assuming that the pandemic eases, we will not be rushing back to Court for face to face hearings and hearings will continue to be conducted remotely. I do not consider that we will ever go back to the ‘old way of working’, that paper bundles will be a thing of the past and face to face hearings will only be necessary in complex cases, perhaps here hearings are listed over a number of days with a number of witnesses.
“In the same vein, I do not think we will ever revert back to 9-5 Monday – Friday working in the office and everyone will adopt a much more flexible, remote working approach, again, paper free – which I see as a massive advantage – particularly as a full time mum of two young children!”
