This is a
document, set out by the Solicitors Regulation Authority (a division of The Law Society that regulates solicitors) the procedure
that should be followed by Solicitors.
What
should solicitors consider in family matters?
The protocol states
that solicitors should bear in mind the following:
- Family
issues often go to the heart of people's religious, cultural or personal beliefs:
- Any procedure taken, for example the contents of a divorce petition or correspondence, may impact
on other issues such as children or Ancillary Relief (financial proceedings)
- The cultural and/or religious implications of divorce should be considered. To some clients of particular
faiths, obtaining a divorce according to their religion may be as important or more important than a civil divorce.
- A forced marriage (that is a marriage to which the consent of each
party is not freely given but is obtained by force) may raise issue beyond those normally found on divorce and solicitors
should be aware of the problem and if necessary refer to experts in the field or seek assistance from agencies with experience
of dealing with victims of this sort of abuse.
- Issues that arose
during the marriage, which are irrelevant to the evidence of irretrievable breakdown but may impact on children or ancillary
relief issues should be dealt with in separate correspondence.
We
always refer to The Family Law Protocol in every case.
