The ³ÉÈËÓ°Òô Gross Legal Product (GLP) Index recently pulled together the latest data to determine whether the demand for family law expertise will grow, decline, or stay the same in 2023. Of the many areas of law, the demand for family law remains relatively steady.
The pandemic saw a slight dip in demand during 2020, more likely due to massive backlogs in family courts rather than a decline in the need for family lawyers. The demand picked up in 2021, with matrimonial finance remedy work reaching its highest point in over a decade.
Trends influencing family law include the growing number of litigants representing themselves in courts and the "one lawyer, two clients" model. Non-court dispute resolutions such as arbitration, mediation, and collaborative law also impact the family legal market.
Overall, though, family law has proven particularly buoyant. Based on the latest data, family law is predicted to generate 4% more work in 2023 than in 2022.
The ³ÉÈËÓ°Òô report highlighted some interesting trends driving growth and change across family law.
Since the Divorce, Dissolution and Separation Act 2020, introducing no-fault divorce, came into effect in April 2022, the divorce rate has increased slightly.
Although many people associate family law work with divorce, the proceedings have primarily become an automated administrative process. Applications are filed online and only generate a little work for lawyers. These days, most lawyers charge a flat fee.
Financial remedies generate a fair amount of family law work. Geraldine Morris, head of family law at ³ÉÈËÓ°Òô, said: "Reported cases frequently have an international aspect, with England and Wales often the preferred jurisdiction for a financially weaker spouse or the super-wealthy."
According to the Ministry of Justice, the percentage of parties with legal representation for at least one hearing in financial remedy cases sits at 73%.
Looking at the numbers, ³ÉÈËÓ°Òô found the following:
In 2021, the number of financial remedy cases started was 46,461 (the highest number since 2008). Without adding Q4 of 2022, the number of financial remedy cases started stood at 28,103 (roughly 60% of the figure for 2021).
When we look at cases closed, the total for 2021 was 43,032 (the highest since 2007). Again, without adding Q4, the total cases closed in 2022 was 26,550 (roughly 61% of the figure for 2021).
Total applications for financial remedies in 2021 reached 48,666 - the highest since 2010.
The total applications for 2022, without Q4, was 29,586 (also around 60% of the figure for 2021).
Morris also pointed out that, from 31 January 2023, the use of the MyHMCTS portal by legal professionals for financial applications that fall within the pilot scheme under the Family Procedure Rules 2010 is mandated, aiming to reduce the current backlog.
Using non-court dispute resolution in private children cases and the pandemic impacted family law practitioners.
"Periods of the pandemic (i.e., lockdowns) placed significant pressure on contact arrangements and may have heightened tensions between parents," said Morris, who practiced family law for 15 years, including as a partner at Surrey-based law firm Hart Brown.
Regarding non-court dispute resolution, Morris added," Much has been said by the judiciary and family lawyers themselves about the benefits of using non-court dispute resolution as a more suitable method of dispute resolution in private children cases, rather than court proceedings, particularly given the numbers of litigants in person in relation to private children disputes."
When looking at the Ministry of Justice Family Courts' data, ³ÉÈËÓ°Òô found that the 54,649 private children cases started in 2021 were on par with recent years. It was slightly lower than 2020s 55,642, a record high since 2011. Cases started in Q1, Q2 and Q3 of 2022 came to 39,907 (just below 75% of the 2021 numbers).
The number of private children cases disposed of in 2021 was mainly on trend with recent years, with 43,778 cases ending. For 2022, without Q4 data, the total sits at 31,844 - 72% of 2021's caseload.
The 2020 dip in disposed of cases was undoubtedly due to the overwhelmed family court system during the pandemic.
For an overall picture of private children law cases started vs dissolved between 2016 and 2021, see the infographic in the report.
The "one lawyer, two clients" model is a notable trend impacting family lawyers. This model allows one lawyer to advise both parties concerning divorce or separation issues.
However, solicitors can only do this if there is no conflict of interest or risk of conflict. Solicitors cannot act for both sides in litigation or a dispute.
The SRA stated, "You must always be sure that it is in each client's best interests for you to act. Bear in mind that if you were acting for just one client, you normally would be negotiating their position and putting forward solutions that favour their interests over the other client. So, by acting for both, you may be limiting the service that you would provide."
The family court system is still largely impacted by a massive backlog - which sat at 110,000 in November 2022, according to the However, demand for family expertise is rising steadily, shooting up by +3% in 2021 and by +2% in 2022 - and is predicted to grow again by +4% in 2023.
Based on in-depth research and analysis, ³ÉÈËÓ°Òô found that the growth can mainly be attributed to an increase in financial remedy cases and private disputes involving children.
For a full version of the report, go to /research-and-reports/glp-index-2022-overview.html
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