Archives: Passle Posts

This year’s YRes National Conference was a fantastic opportunity to connect with other young family lawyers who, like us, are in the early stages of their careers. This event brought together emerging solicitors to share experiences, gain insights, and strengthen the bonds within our field. With family law evolving so rapidly, it’s really great to have a space to compare practices, discuss challenges, and collaborate on how best to support our clients. Meeting others at a similar stage helped us see the diversity of opinions that exist even within the same area of law, while also reinforcing our shared commitment to resolving, not causing, conflict.

We began with a talk from Dr Judith Mohring, who discussed how trauma can influence every aspect of our work. She emphasised that understanding trauma isn’t just about supporting our clients but also about protecting our own well-being in what can be a very emotionally demanding job. After that, we participated in a breathwork class, where everyone stood together in silence, breathing deeply. A bit less relaxing was a subsequent talk on the often-complicated issues around pensions on divorce, which included common pitfalls to avoid. The morning concluded with an inspiring panel of three family law heavyweights Pelumi Amanda Adeola, Barbara Mills KC and Nigel Shepherd sharing career lessons. Barbara Mills KC’s message on “finding your tribe” and standing firm in one’s values from the start especially resonated, making for an empowering close to the morning.

Nazia Rashid and Dr. Andy Hayward then delivered an insightful discussion on the urgent need to address the lack of legal protections for cohabiting couples in England and Wales. A particularly thought-provoking aspect was the focus on religious marriages and their impact on cohabitation rights. Many couples in faith-based relationships may not realise that religious ceremonies often lack legal recognition, leaving them without the rights afforded by civil marriage. The idea of recognising these ceremonies as the starting point for “qualifying cohabitation” that attracts legal protections provided an insight on aligning the law with societal realities.

Sarfraz Ali, Amy Radnor, and Georgina Howitt shared practical guidance on how courts assess prenuptial agreements. Key takeaways included the importance of reviewing prior solicitor files, carefully considering whether to waive privilege, and preserving correspondence and documentation from the negotiation process. They also emphasized early identification of forum disputes and timely instruction of Single Joint Experts (SJEs), particularly in cases involving health issues that may affect the agreement’s validity.

In a session chaired by HHJ Dewinder Birk, Tricia Ashton, and Rachel Chisholm, the discussion focused on the updated rules surrounding NCDR methods, such as mediation, arbitration, private Financial Dispute Resolution processes, and collaborative law. The speakers stressed the importance of encouraging these approaches at every stage of family proceedings, underscoring their integral role in the evolving landscape of family law.

The primary school admissions process for children starting school in September 2025 commenced in October with a deadline in January for completing the application.  For parents considering private education, the application window may be even shorter and each school will have their own timetable.

For many children the allocation of a primary school place is dictated by their location or other admission criteria, but for parents who have a choice between schools, deciding and agreeing which schools to select and which order to place them on the application can be a stressful process, which can become heightened if the parents are separated and cannot agree. 

For children with an education, health and care plan a school might be named as part of the plan and a place would be allocated at that school.  However, many children who are diagnosed with ADHD or ASD do not have or need a plan, but the choice of school can be critical. Parents should consider how any prospective school might support a child, both in the classroom and outside it and use a visit or tour of the school to ask the relevant questions and understand the school’s SEN report.

For parents who do not necessarily share the same view about their child’s needs, the situation and choice of school can become more complex. The choice of school is an issue of parental responsibility and to avoid conflict or assist to resolve disputes, parents should be fully informed about the schools by visiting them and ensuring that they have the facilities and resources to meet a child’s needs.  Any dispute should be considered in two stages – first the need to agree on the schools to which the parents wish to apply and then, once a place is allocated, a decision about whether the place should be accepted. 

Mediation provides an ideal way to discuss and resolve these issues, but for parents for whom that is not an appropriate dispute method, they should take early advice about the ways in which they can narrow the ambit of any dispute and then seek to resolve it and the timing of doing so.