Family law

Family law is a broad area of work concerning child protection issues and disputes between family members. It can range from local authority intervention in child care arrangements to complex financial disputes between divorcing couples, cohabitees or more distant family members. This area of work touches upon anyone who might have a dispute within their family so barristers come into contact with a wide range of people and cultures. 

A family law barrister's work

There is an emphasis on resolving disputes with the minimum of anxiety and expense; as such, in the early stages of any case the courts will try to mediate a settlement between the parties with their barristers’ assistance. If this procedure fails then the parties will have to fight it out and a battle ensues, which may take over a year. A typical week would involve being in court almost every day plus advising on paper and maybe holding a conference in chambers. It can also entail quite a bit of travelling, especially in the early years, as hearings are often conducted in the court closest to where the parties live: a good alarm clock and a travelcard are a must.

Recent developments in family law

Recent high-profile family law matters include the House of Lords’ opinion in Miller and MacFarlane, which recognises more specifically than before that a wife’s claims on divorce may contain an element of compensation as a result of marriage and divorce.

Recession-proof?

The ramifications of the downturn are yet to be fully felt. While the amount of work is largely unchanged, the impact on clients' ability to pay their bills and the wide-ranging reduction in legal aid fees pose their own particular problems.

What skills does a family law barrister need?

• Thick skin: family disputes are often unpleasant but barristers should be able to distance themselves from the emotional dispute so that they can focus on advising properly.
• A flexible approach to people: not everyone is the same and it is a good idea to realise that people lead their lives in many different ways.
• Swift and effective presentation: the majority of hearings are listed for no longer than an hour so it is essential to get the right points across in the time allowed.

Family law pupillages

The hours worked in the first six months depend upon pupil supervisors’ diaries: busy days and not so busy days are common at the family bar. A traditional task for the family law pupil is to have a first go at some court documents: each case requires a chronology and statement of issues. This is a good way for pupils to learn about divorce paperwork and prove their skills to their supervisors. Pupils are often given the opportunity to take charge of cases in their second six months. This means that the buck stops with them, and so brings a fair amount of responsibility and excitement, but help is always on hand.

Types of law practised

• Family law.
• Inheritance and probate.
• Trusts.

Simon Calhaem is a barrister at 29 Bedford Row Chambers. He studied jurisprudence at the University of Oxford and was called to the Bar in 1999. Simon specialises in matrimonial finance, trusts, and inheritance, probate or Court of Protection disputes.