Chapter 1
The Family Law Act 1996 and the Advisory Board on Family Law |
The Act
1.1 The Family Law Act 1996 derives from the recommendations of the Law Commission in its October 1990 report on Family Law The Grounds for Divorce. In 1993 the then Government published a Consultation Paper based on the Law Commission report and in April 1994 published a White Paper entitled Looking to the Future – Mediation and the Grounds for Divorce.
1.2 The proposals in the Government’s White Paper were largely reflected in the clauses of the Family Law Bill. This Bill was introduced on the 16th November 1995 and received Royal Assent on the 4th July 1996.
1.3 Part I of the Family Law Act sets out the general principles which underlie Part II (Divorce and Separation) and Part III (Legal Aid for Mediation in Family Matters.) These principles are that:
a) the institution of marriage is to be supported;
b) the parties to a marriage which may have broken down are to be encouraged to take all practicable steps, whether by marriage counselling or otherwise, to save the marriage;
c) a marriage which has irretrievably broken down and is being brought to an end should be brought to an end with minimum distress to the parties and children affected, with questions dealt with in a manner designed to promote as good a continuing relationship between the parties and any children affected as is possible in the circumstances, and without costs being unreasonably incurred in the procedures to be followed in bringing the marriage to an end, and;
d) any risk of violence to one of the parties of a marriage and to any children, from the other party should, in so far as is reasonably practicable, be removed or diminished. |
The Advisory Board on Family Law 1.4 During the passage of the Family Law Bill, it became clear that the implementation of, and the provisions relating to, divorce and mediation would be a difficult and lengthy process. The Lord Chancellor announced his intention to establish a body which would provide him with independent advice on the implementation and operation of what is now the Family Law Act.
1.5 The intention was that the Advisory Board on Family Law would be able to take a broad, strategic view of all aspects of the new law, considering the application of the principles set out in paragraph 1.3 above. The aim was also to promote a multi-disciplinary approach to the implementation of the Act and its subsequent operation.
1.6 The Board is a non-statutory, advisory non-departmental public body. It has no executive functions or management responsibilities for the implementation of the Act.
1.7 The Chairman and members of the Board were selected by open competition with the exception of Mr Justice Wall, who was appointed by the Lord Chancellor after consultation with the President of the Family Division. A list of the members is provided at
Annex A. Secretariat support is provided by the Lord Chancellor’s Department.
1.8 The Advisory Board has met six times during the year.
Terms of Reference 1.9 The Lord Chancellor has given the Advisory Board the following terms of reference:
- The Advisory Board will advise the Lord Chancellor on issues arising from the implementation and operation of the Act and the application of the principles of Part I.
- The Board will consider in particular issues arising from the Mediation and Information Meetings pilots.
- The Board will consider developments in research into supporting marriage and preventing marriage breakdown.
- The Board will maintain an overview of the working of the policy embodied in the Children Act within the family court system.
- These terms of reference may be reviewed and amended as progress is made on implementation. The Board will operate for 5 years from 1997.
The Children Act and the Children Act Sub-Committee 1.10 As can be seen from the terms of reference, the Advisory Board has a role in maintaining an overview of the policies embodied in the Children Act 1989 within the family court system. At the first meeting of the Advisory Board it was agreed that a Children Act Sub-Committee would be set up to give detailed attention to this role. Reports from the Sub-Committee are considered by the Advisory Board at their meetings. The Children Act Sub-Committee has met 4 times during the year. A list of the Sub-Committee members is provided at
Annex B.
1.11 The Lord Chancellor has ministerial responsibility for Private Law Children Act cases, i.e. disputes between parents and other family members, but lead responsibility for Public Law Children Act cases, i.e. between the parent and the State, lies with the Department of Health. A representative from the Department of Health attends Board and Sub-Committee meetings to observe and comment on those Children Act issues which fall within the remit of the Secretary of State for Health.
1.12 The Children Act Sub-Committee has assumed some of the responsibilities of the former Children Act Advisory Committee, which ceased operation in June 1997. However, it has a different remit, namely to maintain a more strategic overview of the major policy issues and not to become involved in operational issues.
Research Supporting Implementation of the Act 1.13 When fully implemented, the Family Law Act 1996 will provide for a number of new developments in the divorce process. The Act brings to an end the need to supply evidence of fault to justify irretrievable breakdown of the marriage, which will in future be proved by a passage of a period of time, and also introduces the provision of information for divorcing couples, the possibility of marriage counselling and legal aid for mediation.
1.14 During 1998/99 the Advisory Board’s primary focus has been on the research evaluation programmes for the Information Meetings and Mediation pilots. This research, which has been directed by Professor Janet Walker, University of Newcastle upon Tyne, and Professor Gwynn Davis, University of Bristol, has been considered by the Board when advising the Lord Chancellor’s Department on the most effective and appropriate systems to support the new processes.
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