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 realisation 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.
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