LexisNexis GLP Index: family law

Will demand for family law expertise grow, decline or simply stay the same in 2023?

The LexisNexis GLP Index pulls together the latest datapoints to provide some powerful predictions on the future of family law.

Family law has proven particularly buoyant - and growth is on the horizon for 2023 as a whole.

That's according to the latest GLP Index, which pulls from hundreds of datapoints to predict demand for legal expertise across multiple practice areas.

While the majority of the legal sector is beset by economic turbulence, demand for family law seems to be growing steadily. The GLP Index found demand for family law picked up in 2019 by +4% - and after a small dip of -1% in 2020 - year-on-year growth has taken place ever since.

The family court system is still largely influenced by a massive backlog - which sat at 110,000 in November 2022, according to Law Gazette.

However, demand for family expertise is rising steadily, shooting up by +3% in 2021 and by +2% in 2022 - and is predicted to grow again by +4% in 2023.

While the index pulls into account a wide range of datapoints, this growth can be attributed to an increase in financial remedy cases and private disputes involving children.

Scroll down for in-depth research and analysis on the key trends driving change across family law.

Family law is predicted to generate 4% more work in 2023 than in 2022

Divorce statistics often make their way into the media headlines - and despite its news appeal, the largely administrative process of obtaining a divorce or dissolution now generates very little work for most family lawyers.

Divorce has become a largely-automated process, with applications taking place online and most lawyers charging a flat fee.

There's been a slight increase in divorce rates since no-fault divorce (Divorce, Dissolution and Separation Act 2020 (DDSA)) came into effect in April 2022.

An area of family law that generates a fair amount of legal work is financial remedies. According to the Ministry of Justice, the percentage of parties with legal representation for at least one hearing in financial remedy cases sits at 73%.

In 2021, the number of financial remedy cases started was 46,461, the highest figures since 2008. For 2022, figures released for Q1, Q2 and Q3 puts the total at 28,103 (roughly 60% of the figure for 2021).

When looking at cases closed, the total number for 2021 was also high, at 43,032 - the highest since 2007. For 2022, figures released for Q1, Q2 and Q3 puts the total at 26,550 (roughly 61% of the figure for 2021).

Total applications for financial remedy hit 48,666 in 2021 - the highest since 2010. For 2022, figures released for Q1, Q2 and Q3 puts the total at 29,586 (again, around 60%).

Geraldine Morris, head of family law at LexisNexis, said:

"Reported cases frequently have an international aspect, with England and Wales often the preferred jurisdiction for a financially weaker spouse or the super-wealthy."

Morris also pointed out that, from 31 January 2023, use of the MyHMCTS portal by legal professionals for financial applications that fall within the pilot scheme under the Family Procedure Rules 2010 is mandated, with the aim of reducing the current backlog.  

Cases for financial remedies reached a landmark high in 2021

Everything you'll ever need to know about the Financial Remedies Court - read our guidance

The number of private children cases started in 2021 was on par with recent years, with 54,649 cases in total. This was only a slight decrease from 2020's 55,642 cases being started - which was the record high since recordings began in 2011. When looking at the number of cases started for Q1, Q2 and Q3 of 2022, there are 39,907 cases so far - just under three quarters of 2021's figures.

"Periods of the pandemic (ie lockdowns) placed significant pressure on contact arrangements and may have heightened tensions between parents," said Morris, who practiced family law for 15 years, including as a partner at Surrey-based law firm Hart Brown.

"Much has been said by the judiciary and family lawyers themselves about the benefits of using non-court dispute resolution as a more suitable method of dispute resolution in private children cases, rather than court proceedings, particularly given the numbers of litigants in person in relation to private children disputes."

The number of private children cases being disposed was largely on trend with recent years, with 43,778 cases coming to an end. There was a small dip in 2020 - no doubt as a result of the overwhelmed family courts system during the pandemic. When looking at the numbers for Q1, Q2 and Q3 in 2022, the total sits at 31,844 - which is 72% of 2021's caseload.

The latest guidance on non-court dispute resolution

Another notable trend impacting the family law sphere is the growing popularity of the "one lawyer, two clients" model. This allows a single lawyer to advise both parties in relation to issues on divorce or separation.

The SRA makes it clear that solicitors are only able to do this if there is no conflict of interest (or risk of one) - and solicitors are unable to act for both sides in a litigation or dispute.

"You must always be sure that it is in each client’s best interests for you to act. Bear in mind that if you were acting for just one client, you normally would be negotiating their position and putting forward solutions that favour their interests over the other client. So by acting for both, you may be limiting the service that you would provide."

Read up on what defines a conflict of interest in family law