DIVORCE INFORMATIONOne of the aims of the Family Law Act 1996 is to give divorcing individuals more information about divorce at an early stage.
Section 8 of the Act states that any individual contemplating a divorce must, three months before filing a statement of marital breakdown, attend an informa tion meeting.Attendance at an information meeting is mandatory, except in specified circumstances which are as yet undefined.
Individuals can attend a meeting alone or with his or her spouse.
Respondents to applications for divorce must attend an information meeting if they wish to make or contest court applications in respect of children of the family and/or property or financial matters.The meetings must give individuals information about:(a) Marriage counselling and other marriage support services(b) The importance to be attached to the welfare, wishes and feelings of children(c) How the parties may acquire a better understanding of the ways in which children can be helped to cope with the breakdown of a marriage(d) The nature of the financial questions that may arise on divorce or separation, and services which are available to help the parties(e) Protection against violence, and how to obtain support and assistance(f) Mediation(g) The availability to each of the parties of independent legal advice and representation(h) The principles of legal aid and where the parties can be advised about it(i) The divorce and separation processMeetings are to be given by someone qualified and appointed in accordance with prescribed provisions and who has no financial or other interest in marital proceedings between the parties.
The Lord Chancellor's Department (LCD) is organising pilots to test the provision of divorce information both in one-to-one and group meetings attended by at least ten people.
Individuals attending these meetings will be given a number of leaflets and those attending group meetings will also be able to view a video.
The first phase of the pilots began in June 1997 and is due to last for at least nine months.
The pilots are in Birmingham and Coventry; Cambridge and the surrounding area; south Wales; Leicester, Nottingham, Derby, Burton-on-Trent and south Yorkshire.The second phase, in the North East, Manchester and south London is also designed to test the provision of divorce information in meetings.In each of the pilot areas information has been made available to practitioners through seminars.
Research into the pilot projects is being undertaken by the Relate Centre for Family Studies at Newcastle University.The LCD intends that pilots to test alternative methods of providing divorce information will shortly be launched specifically to look at divorce information provision through use of interactive CD Roms and videos in solicitors' offices.
It is the LCD's intention to establish pilot projects in two areas -- first, the south coast/ Solent to include the area from Chichester to Weymouth, Winchester and the Isle of Wight and, secondly, Merseyside and north Wales to include the area from Southport to Caernarfon including the area south of Wrexham.It is anticipated that firms would be able to take part in the pilot on an individual basis or as part of a consortium of firms.
The pilots are due to commence in early 1998 and it is the LCD's intention that they should last for nine months or until 1,000 individuals have received divorce information.The Law Society is keen that the provision of divorce information, at meetings and in other ways, should be thoroughly tested and would therefore like this part of the pilot project to be well supported.Firms located in the south coast or Merseyside and north Walesareas which are interested in taking part or which would like further information on this phase of the pilot projects are invited to contact Jane Leigh, the secretary of the Law Socie ty's family law committee, 113 Chancery Lane, London WC2A 1PL DX 56 Lond/ Chancery Lane; tel 0171 320 5743.LEGAL AID FOR CHILD CARE CASES Rule 4.10 of the Family Proceedings Rules 1991 and the mirror provision in rule 10 of the Family Proceedings Courts (Children Act 1989) Rules 1991 state, inter alia, that in public law Children Act proceedings the court shall 'appoint a guardian ad litem unless:(a) such an appointment has already been made by the court, or(b) the court considers that such an appointment is not necessary to safeguard the interests of the child'.In Family Proceedings Rules 4.11 and the Family Proceedings Courts (Children Act 1989) Rules 1991 it is stated that: 'The guardian ad litem shall appoint a solicitor to represent the child unless such a solicitor has already been appointed'.Some of the proceedings covered by these rules are ones for which non-means, non-merits tested legal aid are available, although this is not always the case.In June 1997 the Legal Aid Board issued revised guidance on family matters which states inter alia that: 'The requirement on a guardian ad litem to appoint a solicitor in certain specified public law cases (for which legal aid is available on a means and merits tested basis) does not of itself mean that the civil legal aid merits test is satisfied on an application for legal aid by the child.
If the solicitor is instructed by the guardian ad litem, legal aid is only likely to be granted where, having regard to the particular circumstances, legal representation under a legal aid certificate is justified eg, due to the matter being opposed or involving significant point of law.'The Law Society believes this guidance is incorrect and has raised this with the Legal Aid Board, although the Board has not to date agreed to amend it.The Law Society is interested in hearing from practitioners who have encountered difficulties in obtaining legal aid in public law Children Act proceedings following the introduction of this guidance.
Any practitioner affected should contact Jane Leigh, the secretary to the Law Society's family law committee, The Law Society, 113 Chancery Lane, London WC2A 1PL (DX 56 London/Chancery Lane) tel: 0171 320 5743.
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