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FAMILY LAW CONSULTATION: interactive focus group exercise

CHAPTER FOUR EXPERIENCE OF LEGAL PROCESSES

4.1 It was necessary to explore opinions about legal / court proceedings regarding a family-related issue in order to investigate how they could be improved, or ensure access to legal solutions be made easier.

EXPERIENCES OF SEEKING LEGAL ADVICE

4.2 The majority of respondents who had sought legal advice or experienced the legal process had predominantly done so for divorce / separation / contract issues. A minority were currently in the midst of divorce proceedings at the time of the research.

4.3 Single and unmarried parents were more likely to have sought legal advice for the purpose of making access arrangements with ex-partners, most commonly visiting lawyers or solicitors to do so. For a minority of these cases court proceedings were also required in order to have the matter settled. Grandparents and young people were less likely to have had any personal experience of seeking advice from a legal source or visit court.

4.4 Opinions were influenced by a number of key factors, which ultimately determined whether people had a positive or negative view of their experiences of legal proceedings:

• the perceived quality of service / expertise offered by the legal professional involved (e.g. not a family law specialist)
• the level of acrimony between opposing parties
• the final outcome e.g. whether in respondent’s favour or not

Those who had more ‘traumatic’ experiences tended to have had to visit court to settle divorce / contract issues following a more acrimonious separation from their partners.

PERCEIVED IMPROVEMENTS TO THE LEGAL PROCESS

4.5 When asked to suggest how the legal processes could be improved, there was a perception held amongst the majority (including those without experience) that legal proceedings are long and laborious by nature. Thus, a key suggestion was that the length of legal proceedings needs to be addressed. For example, a minority felt that divorce applications in particular took too long to process (in addition to a long non-cohabitation period).

4.6 There was also a common perception that the law can be difficult to understand due to the complex, technical nature of the language and terminology used. Both those who had experience of seeking legal help and those who had not, whose views were largely informed by the media, shared this opinion. There was a desire expressed for the law to be made easier to understand, and thus access, by members of the public who do not have detailed knowledge of the law. It was suggested that this could be facilitated by reducing technical legal ‘jargon’, and by presenting information in simpler terms.

4.7 For a minority of married mothers, there was a belief that at present people can be unsure of who to approach to find appropriate legal advice and help. There was a suggestion that by raising awareness of what sources are available, this would in turn improve the ease of access to legal solutions.

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