Spring Budget Confirms Government Backing For Early Resolution Of Family Law Disputes  

7th March 2024

During yesterday’s pre-election spring budget, chancellor Jeremy Hunt announced plans for the Government to spend £170 million to fund non-court resolution, reduce offending and digitise the court process. In his speech, Jeremy Hunt remarked “Too many legal cases, particularly in family law, should never go to court and it would cost us less if they didn’t”. Following the speech, the Treasury’s budget ‘red book’ revealed that pledged spending includes £55 millions for the Family Court ‘to offer online targeted guidance and earlier legal advice, shortening wait times and supporting families through non-court dispute resolution’.

This follows the Government’s announcement earlier this year of a series of measures intended to better protect the interest of children and families. Separating families are being encouraged to benefit from early legal advice and continue to take advantage of the mediation voucher scheme. Domestic abuse safeguards are also being enhanced for victims and children. 

Published on 26 January 2024, the Private Family Law Early Resolution Consultation includes a legal advice pilot being launched to assist families agree their child arrangements more quickly, by providing greater understanding of non-court dispute resolution solutions including mediation. The reforms are designed to make the Family Court more child centric with children’s wellbeing being at the heart of the process. 

The Government has pledged to:

• improve online support and information for parents and carers 
• provide more detailed information on non-court dispute resolution processes
• launch a new pilot on legal advice, specifically designed for parents/ carers facing challenges when agreeing their child arrangements
• work to improve in-court and pre-court parenting programmes so that they are normally adopted rather than following a court order as the method for reaching an agreement over child arrangements
• improve domestic abuse screening and training for mediators 
• continue to support the mediation voucher scheme
• support the increased use of child-inclusive mediation by ensuring that mediators can apply for advanced DBS checks
• improve the court experience by reforming the procedure in private children proceedings to make them ore investigative, less adversarial, strengthen the voice of the child in proceedings and increase support to parties who need it. 

In parallel to these pledges, the Family Procedure Rule Committee is changing the Family Procedure Rules to put in place new measures that encourage full consideration of alternatives to Court. 

These reforms are intended to support parents in finding out of court solutions that prioritise the best interests of their children without the need for lengthy family court proceedings. 

The Family Team at BBS Law based in Finchley, North London, have a rich experience and expertise in providing out of court solutions which include mediation; collaborative law; and one lawyer two clients options. Cohabitation Agreements and Prenups also give the couple the opportunity to agree arrangements fairly that heavily reduce the prospect of going to court on a contested basis. 

For further information please contact a member of the BBS Family Team.