30 years in Family Law: 5 things that have changed.

On 2 January 1996 I qualified as a solicitor; so 30 years on, what has changed?

1. Shared care

30 years ago it was far more common for children to be mostly with Mum with contact with Dad. Now shared care is the norm, and though one size does not fit all, parents are treated more equally than ever before. 

2. A better understanding of Domestic Abuse

30 years ago it was not unusual, if I had a client who had been assaulted, for me to be told by the police “it was just a domestic”. Not all police were so dismissive, but enhanced training of professionals, and multiple law and societal changes mean that attitudes, understanding and legal protection have all improved. There is still work to do.

3. No fault divorce

Looking back, it is hard to believe that in order to get a divorce most people had to focus on blame. The law change has not, as some feared, encouraged divorce, it has reduced acrimony for some, and any reduction in acrimony has to be a good thing.

4. The yardstick of equality

In 1996 there was no notion that the starting point for a division of assets was 50:50. That revelation came from the House of Lords with White v White [2001] AC 596, the same case that reminded us that non-financial contributions were just as valuable as financial contributions.

Case law since then has changed our understanding of what matrimonial assets are, and how they should be divided to achieve fairness, meaning this area has seen huge change.

5. Tech

Smart phone, a laptop, Apps, social media. I had none of these in 1996, and there is no going backwards. Have all the advances been positive? As I wrestle with AI I remind myself of what the late Sir Terry Pratchett said “Real stupidity beats artificial intelligence every time”.[1]