Lawyers reach across borders to learn different approaches to family law - Shona Smith

Family law is an ever-changing, complex field. How people choose to structure their relationships - and how they share information about those relationships - is constantly evolving.

So family lawyers need to understand these shifting, complex sands - and not just in their own jurisdiction.

The United Kingdom and Republic of Ireland is a relatively small geographical area, with many relationships forged across borders with different legal systems. That’s where the original idea for what is now the Five Jurisdictions (5Js) annual family law conference came from.

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It started with lawyers in north-west England (notably Liverpool and Manchester) meeting with counterparts in Dublin as so many relationships were formed across the Irish Sea. Northern Ireland joined soon afterwards, then Scotland and finally Wales - and at the end of this month, we’re hosting the 2023 Five Jurisdictions Family Law Conference in Edinburgh.

Shona Smith is a Partner and Head of Family Law at Balfour+Manson.Shona Smith is a Partner and Head of Family Law at Balfour+Manson.
Shona Smith is a Partner and Head of Family Law at Balfour+Manson.

Each jurisdiction has a different legal framework for family law. It might seem strange if you think about all the movement between different parts of the UK and Ireland but when couples need to resolve the financial aspects of their separation, for example, it is important to be aware of the very different approaches to financial provision.

To advise clients properly, it is really important that family lawyers are aware of the fact that there are different approaches and that there is a network of contacts across the jurisdictions to provide advice. That is what makes the 5Js conference so useful.

Two big issues for discussion in Edinburgh this year are cohabitation and social media.

Cohabitation without marriage is so much more common, in terms of how people live now, so it’s important to understand how different jurisdictions deal with it. There are significant differences and we are in a period of quite significant change at the moment.

We’ll also look at social media and family law - especially the inappropriate use of social media. When people separate, especially when they have access to the other person’s passwords and accounts, all sorts of mischief can be caused during the separation process.

We often see one thing being said in court, then evidence showing something very different to what was said all over Instagram or Twitter.

There's the more common sense aspects too, such as not posting things that will be really hurtful. If you just left your partner for somebody else, don't post photographs of your new boyfriend holding your children from the previous relationship to show how fantastic things are.

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The common thread between cohabitation and social media is the fact that family law reflects society, and how it is changing. The way people choose to structure their relationships and share information through social media is so different now to even 10 years ago.

The 5Js conference helps family lawyers keep up to date with this fluidity and how different jurisdictions are approaching it.

One of the great things about this conference is the strong social aspect. Formal discussions are bookended with a reception and dinner on Friday and Saturday night, which is deliberate. At dinner on Saturday night, there is a seating plan with every table having a good mix of delegates from different jurisdictions. That means after listening to the seminars during the day, you can speak to people about how things work in practice for them in the evening.

We expect around 200 delegates and it’s all about meeting legal professionals - whether solicitors, advocates, barristers, judges or academics - from those other jurisdictions. It’s also about building on existing relationships, finding out more, and sharing knowledge and good practice.

The relationships which are built are hugely beneficial in ensuring we can give our family law clients the very best possible advice.

Shona Smith is a Partner and Head of Family Law at Balfour+Manson. She is also an organiser of the Five Jurisdictions Family Law Conference, taking place in Edinburgh on April 27/28