Skip to content Skip to footer
Enquiries Call 0345 209 1000

Many people will know Baroness Hale from her signature spider brooch worn when she delivered the Supreme Court’s judgment on the prorogation of Parliament in 2019. Among family lawyers, though, Baroness Hale has been a long-standing celebrity for different reasons with her decades of shaping modern family law. 

In her recent interview on The Rest is Politics: Leading podcast, she reflected on how much the law has changed over her career. One striking example is a reminder that, before 1970, a married woman had no claim on property belonging to her husband even if she had contributed to its upkeep or family life. A wife could claim maintenance, but the amount depended on her ‘innocence’ and whether she was blameless in respect of the marital breakdown. This shows how much the law has changed in respect of recognising both financial and non-financial contributions to the marriage, and focusing on the financial needs of the parties.

Equally, compelling were her comments about what clients expect when they first seek advice from a family lawyer. Many clients understandably seek advice from a family lawyer feeling strongly about what the dispute is ‘about’ – whether it is the reason the relationship ended or allegations concerning one spouses’ behaviour. Baroness Hale highlighted that the Court is generally going to be interested in other questions which, in plain terms as she put it, are what is best for the children, where everyone will live, and how they will meet their ongoing financial needs. 

This realistation can be difficult when clients come to us, but it is where our role begins to demystify the process and help our clients to see their situation through the lens of what the Court is going to focus on. Baroness Hale’s reflections are a timely reminder of how far the law and the profession have come and the importance of seeking clear legal advice from the outset. 

Contact our family team online or call us on 0345 209 1000.

Latest insights, news & views

Family law

Oliver Pugh case highlights need for cross-border child protection

The case of three-year-old Oliver Pugh, reportedly abducted by his mother from Spain, shows why parents with cross-border ties would be wise to take legal steps to protect their children and prevent custody disputes abroad, says family lawyer Paula Mansfield.
Read more on Oliver Pugh case highlights need for cross-border child protection
Industry news

Rumours of reconsideration on IHT plans for farms

With the upcoming Autumn Budget only weeks away, there have been several reports that ministers are considering changes to the controversial Inheritance Tax (IHT) reforms announced last year, which would see a 20% tax on estates worth more than £1m.
Read more on Rumours of reconsideration on IHT plans for farms

Looking for legal advice?