Adhering to good practice can reduce hostility in family law proceedings, says Lorraine Jones
Over the past decade there has been a shift in attitudes in family law proceedings. The dynamics are now centred more on negotiation and settlement between the parties, rather than hostile litigation. A handful of the methods employed in trying to ensure good practice in matrimonial matters are discussed below.
Professional conduct
All solicitors are required to abide by the Law Society's Professional Code of Conduct in particular at Code 1 and 2 which, among other matters, asks that we provide clients with a clear explanation of the issues involved and the options available.
Family law protocol
The second edition of the family law protocol provides helpful guidance to practitioners. The pre-action protocol for ancillary relief states that its aim is to ensure disclosure and negotiation is dealt with both cost effectively and in line with the overriding objective of the Family Proceedings (Amendments) Rules 1999.
The protocol emphasises the need to try and resolve matters fairly and promptly rather than by way of litigation. It states that there are sometimes advantages
