A new scheme to open the family courts to the media has been introduced that will have far-reaching implications for divorcing couples.
Following a two-year ‘transparency’ trial, all the family courts in England and Wales will from 27 January 2025 now permit accredited journalists and legal bloggers to sit in on divorce cases, report on what they see and hear in the court room, access certain court documents and even speak to families about their divorce.
Restrictions do, however, remain, with journalists required to anonymise their reporting, meaning names cannot be included, along with any other details which may enable the family to be identified. Family court judges can impose further reporting restrictions, typically to protect children.
It has been described by England and Wales most senior family court judge, President of the Family Division Sir Andrew McFarlane, as a ‘watershed moment’ saying it will ‘improve public understanding and confidence in the family court’.
Journalists have since 2009 been able to sit in on family court cases but have not been able to report on proceedings unless reporting restrictions are lifted. It has meant that only the highest profile divorce cases and those referred to the Court of Appeal where reporting restrictions may not apply, have featured in the media. There has been an increase in more day-to-day cases making their way into anonymised published case reports, but they are only ever likely to be read by family lawyers, although they are available to anyone to view online.
Concerns have been repeatedly raised that despite the reporting anonymity required details of court, cases will appear in press and families can be identified. Also, having reporters in court can add to the significant stress that parties are under. The experience from the two-year trial suggests otherwise.
How will this change divorce cases
This change is unlikely to see large numbers of divorce cases finding their way into the popular press. The number of reporters working for newspapers has fallen dramatically in recent years, although the number of specialist bloggers has increased.
The question of whether a journalist has the time or patience to sit through a long and protracted case over days, or possibly weeks, remains to be seen.
That does not mean, however, that resourceful journalists will look for the most interesting, big money and high-profile divorce cases and focus their attention on those.
The change in reporting regulations does not apply to divorce settlements agreed through negotiation, alternative dispute resolution (ADR) or arbitration. One significant attraction of keeping matters out of court is to ensure confidentiality.
The threat of possible press attention is likely to see greater interest in alternative ways to reach agreement on divorce, with arbitration and ADR at the forefront. Not only will privacy remain guaranteed, these approaches are quicker and, despite having to pay for a ‘private judge’ also cheaper than relying on the courts.
It should be recognised, however, that in some instances court hearings will be unavoidable. Some individuals may use the threat of press reporting to try to gain the upper hand.
The opening up of the family courts to press will, in most cases, make very little difference to most people, but for those in the public eye or where large sums of money are involved, it is another consideration for all to take on board.
Contact our Family and Divorce Teams
The Family and Divorce team at Bishop & Sewell has a wealth of experience in dealing with divorce and separation, including all aspects of children and family law. Please email family@bishopandsewell.co.uk or contact 020 7631 4141 and ask to speak to our Family Law team.
The above is accurate as at 30 January 2025. The information above may be subject to change.
The content of this note should not be considered legal advice. Each matter should be considered on a case-by-case basis.