Family legal process in chaos -it's official
Far more members of the public are likely to be involved in the family justice system than any other part of the national court or justice system, according to Mr Justice Coleridge at the Resolution conference on 5 April 2008. These are mostly ordinary and frequently tax paying people who now find themselves caught up in family breakdown.
“…they turn to the system (which is paid for by their taxes) to find it overstretched to the point of collapse and acutely and chronically underfunded at all points. Delays are rife in every part of the system through lack of resources. And delay, as we all know, exacerbates all the problems and compounds the stress. And, just to make matter worse, the present substantive law of divorce, and financial division and the law relating to the property of unmarried couples (other than gay ones) administered by the courts is out of date, hardly fit for purpose and crying out for a thorough overhaul.'
Sobering words indeed but confirmation from top family lawyers that the family legal process is in chaos with the blame being firmly attached to the governments of the last 30 years. People who have experienced family breakdown - and those who have been close to people who have - won't be surprised. But what can they do to help themselves in an increasingly chaotic family justice system?
Mr Justice Coleridge proposed putting family breakdown and family justice at the top of the political agenda and deploying 'very significant resources of manpower and money' and making the reforms necessary to bring divorce law into the modern world.
What can the 150K couples per year who are experiencing family breakdown do to help themselves through such a difficult time, not to mention those who aren't married but have many of the same issues to confront and overcome? My advice would be:
* to read and learn as much as you can about what you’re about to go through so that you take control;
* speak to specialist relationship, child and divorce experts about all the issues which arise, don’t just expect your family lawyer to sort out all your problems;
* learn what your family lawyer and the family lega lprocess can and can’t do;
* be financially aware and realistic.
Read more about the High Court Judge Mr Justice Coleridge’s speech by clicking the link to Resolution's media page here.