ABSTRACT
In 1996 a new Act was passed. At the time of writing, the parts of the Family Law Act 1996 relating to divorce have not come into force (Part IV relating to domestic violence is, however, in force) and the Department for Constitutional Affairs has announced that it will not be brought into force in its present form. The aim of this Act is to discourage couples from starting divorce proceedings before they have tried mediation. Even though the Act has not become law, it is already influencing the thinking both of professionals and of the Legal Services Commission (LSC). The LSC requires couples to attend a mediation screening appointment before their solicitors can apply on their behalf for a full public funding certificate. You do not, however, have to attend a mediation screening appointment to obtain legal advice under the Legal Help Scheme (for more details about the Legal Help Scheme and public funding, see p 55).
