The President of the Family Division, Sir Andrew McFarlane, is keen to ensure that there is more transparency in the family courts.

Mr Justice Mostyn, another influential family Judge, also supports the view of there being more openness in family proceedings and although children’s names will continue to be anonymised a couple getting divorced could now be named in decisions being made by the court.

There is also a push for Judges to start publishing more of their decisions on www.Bailii.org. This will mean that not only could people’s names be referred to, so will all the details of their assets and the issues in their case. A change that most couples will find a rather daunting prospect. Imagine your friends, work colleagues and neighbours all being able to read about the full details of your divorce, the assets you own and their value!

The precise details of how this will operate in courts is still being considered as part of something called the “Transparency Project” but full details are expected in the not-too-distant future.

A couple can avoid this public airing of their divorce by using family mediation. This will avoid the outcome of their case being reported. Mediation is a private and confidential process that the press is not allowed to report on. When an agreement is reached, whether that be about children or finances, an order can be drawn up and sent to the court for approval by a Judge and that process is also a private one.

There are also other ways of maintaining confidentiality such as using Arbitration or what are referred toas Private FDR hearings. The important point is that, as couples realise that what they regard as their private affairs could soon become public knowledge, they are more likely to seek out ways of avoiding that sort of unwanted publicity.

At www.familymediationandmentoring.co.ukour focus is on working with couples to help them resolve any family dispute, reduce legal fees and stay out of court. With a background of being specialist family lawyers for over 20 years, Claire Colbert and Rachael Oakes understand the court process, the issues that need to be addressed and what is considered by the court to be a fair order. This knowledge helps by supporting couples to reach agreements whether it be in relation to their separation, divorce, children or other family issues. If you think we can help, why not book a free initial call on the BOOK NOW tab at the top of our website home page or email us at hello@familymandm.co.uk.

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