Lisa Payne, an associate at Wilsons Solicitors LLP, was at a recent family law masterclass for law students at Kings College. She began with a quote from Lady Hale, reflecting on the evolving nature of family law and its uncertain future. The session highlighted the historical exclusion of women in law, focusing on the significance of the Married Women's Property Acts (1870, 1882), which granted women recognition as separate legal entities—a fact that surprised many students.
The evolution of family law has shifted from exclusion to inclusion, although there is still progress to be made. Historically, women were not recognised as independent legal entities and could not own property until the Married Women’s Property Acts of 1870 and 1882. More recent advancements include the Civil Partnership Act 2004, which legally recognised same-sex partnerships, and the Marriage (Same-Sex Couples) Act 2013, which introduced same-sex marriage.
The Divorce, Dissolution and Separation Act 2020 modernised divorce by removing the concept of fault and enabling joint applications. Future reforms may address cohabitant rights, the legalisation of nuptial agreements, and a review of the Matrimonial Causes Act 1973.
Lisa has written an article for Today's Family Lawyer providing a family lawyer's perspective on the direction of family law.
Lisa writes: "I went on to explain the evolution of family law over time. The law has excluded rather than included but thankfully it is now doing the opposite, although in my view there is still a way to go."
Read the full article here.
