Pictured above: Katherine Marshall
Changes to the law mean media access to some traditionally
private family hearings is now being allowed.
The move follows a government consultation launched amid calls
for more transparency in high-profile cases involving children. But
the changes could also have an impact on private individuals
involved in financial proceedings and sensitive negotiations as
they try to resolve their divorce discreetly.
Specialist Harvey Ingram family lawyer Katherine Marshall, has
been following the development and says separating couples keen to
safeguard their anonymity, can avoid court, press interest and shun
the limelight.
She adds: "Media interest in a case inevitably depends on the
couple's profile and whether they are of local, national or
international interest. The public at large does have an appetite
for celebrity gossip and speculation - and there's been no shortage
during the past decade with Mills and McCartney, Madonna and
Ritchie, and more recently Ecclestone and Ecclestone. All are very
different cases with very different outcomes.
"Despite the move to openness, media access still remains quite
limited and safeguards imposed on certain aspects of cases are
particularly stringent, with reporters facing the sanction of being
in contempt of court if restricted information finds it way into
the press. But many separating couples will understandably be
uneasy at the possibility of media presence and press intrusion
into what have always traditionally been private matters."
The dilemma of media interest in a family hearing can be avoided
by opting for the Collaborative Law Process.
She adds: "Both parties - usually husbands and wives - instruct
their own collaborative lawyers. Disputed issues are then analysed,
discussed and carefully resolved through a series of four-way
meetings. Parties are obliged to provide full and frank disclosure
about their financial positions among other issues - but it is
faster, clearer, avoids messy court hearings and helps safeguard
confidentiality for all.
"When an agreement is reached it must be submitted to the court
for approval. Although this does not usually involve parties
attending a hearing as a District Judge will considers the
application on paper in the first instance."
Broad feedback suggests the collaborative route leads to
workable, good quality agreements given individuals are able to
prioritise and work towards their own issues. Although not all
cases are suitable for collaborative law, they tend to be the
exception rather than the rule. For many couples keen to reach an
agreement within their own timescale, in private and focused on
what they consider to be the important issues, Collaborative Law is
the route of choice.