The cutting edge of family law in action
Monday, 15 March 2010
family split by divorce
It is an exciting time for family lawyers, as the final year law students have been finding out from practitioners working in the field.
The School of Law at the University has welcomed a number of guest speakers this term who have generously given their time to provide the students with an insight into the practical aspects of family law in action. With the approach of a general election, in which the main political parties are keen to put forward their vision for family life in the 21st Century, the students have benefited from the view from the coal face, by those who are directly involved: including a Family Court Advisor, a Principal Solicitor, and a Law Commissioner for England & Wales.
One of the most contested areas is that of financial provision upon divorce, termed ancillary relief, and the growing importance of pre-nuptial contracts. Consequently, the School was delighted to welcome Tony Roe, Principal at Tony Roe Solicitors, a specialist family law practice, who revealed to the students the art of reason in a contested divorce settlement. Drawing upon his extensive experience in practice, Tony engaged the students in a discussion on the application of a law dating from 1973 and its efficiency and relevance to present-day disputes between divorcing spouses. Conscious of the leap between ‘law in books' and ‘law in practice', Tony used a concrete case scenario to illustrate the importance of both legal principle and common sense when advising a client.
Tony said, "Giving an insight into how family law practitioners apply the law hopefully gives added context for the undergraduates. The School of Law is very progressive in its approach and is keen to offer these opportunities to its students. The links between businesses, like mine, and the University are, I believe, mutually beneficial."
As sponsor of the Family Law Prize for the best performance in the Family Law final examination, Tony Roe Solicitors offer not only a financial prize but also one week's work experience in the firm, based in Theale. A great opportunity for our students to witness family law in action.
As for family law reform, Professor Elizabeth Cooke, Law Commissioner for England and Wales and Professor of the University of Reading, gave an insight into the working of the Law Commission and in particular their activity in controversial areas of family law. Focusing upon the current project on matrimonial property agreements, she provoked the students to question the appropriateness of the current law on pre- and post-nuptial contracts and possible reform proposals. With reference to the developing case law, and the uncertainty as to any new government's priorities, Professor Cooke clearly illustrated the evolving nature of family law and policy.
Reform was also central to a session given by Janet Breeze from CAFCASS (The Children and Court's Advisory Support Service) who commented on recent reform to the working practice of CAFCASS and how her role as a Family Court Advisor has changed. Using completely anonymous case-studies, the students were able to appreciate the practical application of the legal principles that they have been studying over the year.
Once again, it was all too obvious that this area of family law has experienced huge change, both on a social and political level. Dr Thérèse Callus, Senior Lecturer in Family Law said; ‘We cherish the collaboration with practitioners who are able to share a wealth of practical experience with our students. We are left in no doubt that it is certainly an exciting and challenging time for family lawyers.'