Family law in 2024: changes and potential developments
From parental leave to open justice, changes are afoot in UK family law in 2024. Join us as we look at scheduled changes and potential developments.
Family law is never static. It's always being finessed and – it's hoped – made simpler, fairer and more cost-effective.
In 2024, significant changes are being made to family leave legislation. A pilot scheme will see greater transparency in the family courts being put to the test. And hefty reports on the present state of
family law could inform debate on matters ranging from financial remedies to legal aid.
New kinds of family leave
Parental leave is changing all the time. We've come a long way since the 1970s, say, when women were routinely fired for getting pregnant.
Despite this progress, there's still room for progress. This is reflected in the changes to family leave legislation we're seeing in 2024.
First, there's the Carer's Leave Act, which is coming into force in April 2024. This is designed for
employees who have care responsibilities. It allows them to take at least one week's leave in any 12-month period. This right is conferred from day one of employment.
Next, there's the
Neonatal Care (Leave and Pay) Act 2023, which introduces statutory paid leave for parents in work whose newborn needs neonatal care. They get 12 weeks of paid leave on top of the standard parental leave.
Although this act has received Royal Assent, it's unlikely to be implemented before April 2025 – ostensibly to give employers and HMRC time in 2024 to get ready for the change.
Transparency in the family courts
How transparent are court proceedings? In the UK, transparency or "open justice" is often cited as a cornerstone of British law – as integral as
habeas corpus, the Magna Carta and juries.
Reality tells a different story, not least because of the hole in reporting on cases left by print media. What's more, the family courts typically carry on behind closed doors.
This is why there have recently been transparency reporting pilot schemes in England, with a new one to start at the end of January 2024 in Birmingham's Central Family Court.
This year-long scheme will allow reporters to report on financial remedies on divorce, financial support for children and financial relief following overseas divorces.
Reporters will be vetted and accredited before being admitted to the courtroom. Once in, the judge must weigh up whether to let them report on the case, with caveats of anonymity and confidentiality in place. If granted, the reporter will be given copies of position statements and electronically stored information (ESI). The judge can, however, deny this right if they believe the circumstances call for it.
The Birmingham pilot scheme comes after similar schemes in Cardiff, Leeds and Carlisle.
Potential developments in financial awards
"Forum shopping" is when wealthy international individuals choose to file for divorce in England and Wales, believing it will get them a more favourable settlement than in other legislatures. It's not for nothing that London is known as the divorce capital of the world.
Take the high-profile case of
Potanina v Potanin, heard in the Supreme Court in November 2023. This trial centred on the overseas divorce of Russian billionaire (and target of UK
sanctions) Vladimir Potanin and his ex-wife Natalia Potanina.
Ms Potanina has been forum shopping for nearly a decade, seeking a bigger chunk of her ex-husband's vast fortune. In 2023, she brought her claim to the English court. This is possible under a 40-year-old piece of legislation, the
Matrimonial and Family Proceedings Act 1984.
This practice of "topping up" a financial award is controversial. Some family lawyers and commentators hope the Supreme Court's judgment in 2024 will clarify the scope of financial awards under this legislation.
Law Commission report on financial remedies on divorce
In September 2024, the Law Commission will publish its scoping report on financial orders made by courts in England and Wales. It hopes that this will lead to a full review further down the line.
In its own
words, the Law Commission is attempting "to review whether the current law is working effectively, and delivering fair and consistent outcomes for divorcing couples".
It will be interesting to see whether the Law Commission's work will lead to a change to the
Matrimonial Causes Act 1973 and
Civil Partnership Act 2004: the two pieces of legislation that govern the use of financial remedy orders.
Resolution's
Vision for Family Justice
Resolution is a community of family law practitioners. It's published a
Vision for Family Justice, which aims to "[set] out our vision for where and how changes need to be made to address the current issues facing the family justice system" in England and Wales.
Among other things, the report calls for more public funding for early legal advice, a reform to the laws surrounding the rights of cohabiting couples and better support in the family court for victims of domestic abuse.
These are recommendations, not legislation, but it will be interesting to see how they inform debate in 2024.
Could surrogacy laws change?
The Law Commission published a report and draft bill in March 2023 making recommendations on reforms to the UK's surrogacy laws.
It proposes a "new pathway" to surrogacy. Perhaps the most significant recommendation is that under the new proposals intended parents wouldn't have to apply for a parental order. Parental status would be given to them as soon as the child was born.
There's no indication that the law will change soon but we're likely to see a government response to the Law Commission's work in 2024.
Conclusion
These changes and developments will affect many employees,
employers and families in 2024. If you need help navigating them, it can be worth considering seeking legal advice from an experienced family lawyer. That way, you're in the optimum position to know your rights and responsibilities.
From all of us here at Milners, we wish you a happy New Year.
Are you looking for expert
family law advice? Feel free to
get in touch for a no-obligation consultation.
![Judgment has been handed down this week in Transwaste Recycling and Aggregates Ltd [2024] EWHC 330 (](https://lirp.cdn-website.com/8f80b851/dms3rep/multi/opt/o+and+s-1920w.JPG)
Authorised and regulated by the SRA, SRA ID 52317