Revolutions in Family Law and Their Effect on Family Disputes

Abstract

Herring once set out that family law has undergone a profound revolution over the last few years which has shaped the way in which family law disputes are handled. Whilst there is some truth in this statement, the extent to which the aforementioned reforms have impacted the law in this area is up for debate. This paper questions how such reforms have provided the courts with alternative methods of dealing with family law cases and particularly focuses on the areas of access to justice and familial breakdown. It is concluded that, despite the amendments, the legal system remains flawed in handling family matters. This paper explores the adverse effects of such changes with a particular focus on cuts to legal aid and litigants in person. Further, the research discusses the proposal of a non-fault divorce system and how, despite the goal being to reconstruct the previous divorce law into one which existed on a ‘no fault’ basis, fault continues to be a central position within the process of a divorce.