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22/07/2013

Removal of secrecy in family proceedings

The most senior family law Judge in England & Wales, Lord Justice Mumby, has issued draft guidance, that once approved, will mean removal of the secrecy in family proceedings, including divorce, finances, children and Court of protection work. This will extend to the naming of councils and experts.

The background is the concern of judges that secrecy undermines the system and that justice is not seen to be done and that there is a need to improve public confidence in the system. Judges hope that it will increase transparency and deal with a number of criticisms that until now have not been possible to answer.

There will remain anonymity to protect children and vulnerable adults where there is good reason.

What can parties do if they do not want their dirty washing aired in public? Well they may have to do all they can to reach a speedy and quick agreement, even if not favourable. Or they can, where appropriate, start Family Arbitration using the IFLA scheme, in which confidentiality remains.

For further information please contact us.

 


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