Oct 2026
The 2026 International Family Law Conference in Jersey brought together industry leaders to examine how various assets are dealt with in divorce, including valuable chattels within family proceedings. The keynote speaker was Sir Andrew McFarlane, former President of the Family Division of England and Wales. The keynote address explored how family law may develop over the coming years and highlighted a number of areas where reform and innovation are expected to remain in focus.
Main points from the keynote address were the following:
Resolving disputes out of court: Family lawyers have an interest, even a responsibility, to keep pushing for more support outside court so that separating parents can resolve their disputes. Child Focussed Courts are important but “are not the answer on their own”.
Arbitration in children cases: Any reluctance to use arbitration for children’s arrangements is “misplaced”. Where clients can afford it, arbitration should be on practitioners’ checklist in every child case.
Financial remedies reform: Proposed reforms would codify the current judge-made principles governing matrimonial property, including sharing and financial needs, into legislation, with fairness as the overriding objective. Questions remain whether codifying the law could unintentionally change it.
Domestic abuse and conduct: There is increasing focus on whether the approach to conduct in financial cases reflects the modern understanding of domestic abuse used elsewhere in the Family Court. In McFarlane’s view, “the dynamic for change is strong”.
Pre-nuptial agreements: Continued support was expressed for qualifying nuptial agreements to become binding by default, subject to exceptions.
Cohabitation: McFarlane asked why a child’s financial arrangements should “differ so radically depending on whether the parents were married or not” and welcomed the proposed limited rights for former cohabitants.
Digital justice: The Online Procedure Rules Committee will soon play a major part in financial remedy work, and family lawyers should take an active role to help shape future developments.
How Conyers Can Help
Conyers’ Family & Matrimonial practice regularly provides guidance on divorce and separation, financial remedies, nuptial agreements, and child-related issues. To learn more about how Conyers can assist you with a relevant family law matter, please contact the author of this article or your usual Conyers contact.