Mr Justice Mostyn held, in JK v MK [2020] EWFC 2, this week, that there was no conflict of interest in jointly drafting consent orders.
According to the International Family Law Group, which represented online services provider amicable in the case pro bono, couples often seek help jointly when they have reached an agreement and want it reflected in court orders. Partner David Hodson said it was ‘frustrating’ for couples, having reached agreement, ‘then to be told they must each instruct a separate lawyer… Many can’t afford it’.
The decision also confirms that this work is not solely restricted to solicitors, and online service providers can draft family court orders using computer-based processes.