Article written by Michael Thompson founder of Falsely Accused Network
Last month, Network member Ross Simpson (not his real name) sat in his kitchen in Rotherham, staring at a bill for £15,000 from his solicitor. After a year-long custody battle over his two children, he had depleted his savings and maxed out his credit cards. "I had to choose between fighting for my kids and paying my mortgage," he tells me, his voice cracking. "What kind of choice is that?"
Ross's story is far from unique. Across Britain, thousands of families are finding themselves priced out of justice in our family courts. With solicitors' hourly rates routinely exceeding £300 in major cities – and often reaching £500 or more for senior partners – even straightforward custody or divorce cases can quickly spiral into five-figure sums.
The brutal reality is that family law has become a luxury few can afford. A typical contested divorce involving children can easily cost £30,000 per party. For context, that's more than the average Briton's annual take-home pay. It's a figure that would make even Charles Dickens' jaw drop, considering his famous observation about the law grinding the poor into dust.
The consequences are devastating. Last year, court statistics revealed that 65% of family court cases involved at least one party representing themselves – the so-called "litigants in person." These are not people who fancy themselves amateur lawyers; they are mothers, fathers, and partners who simply cannot afford legal representation.
"It's like sending someone into surgery to operate on themselves," explains Richard Thompson, a former family court judge I interviewed. "The law is complex, emotions are high, and without proper representation, people often fail to secure their rights or protect their children's interests."
The erosion of legal aid has only exacerbated this crisis. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), legal aid for family cases has been restricted to those involving domestic abuse or child protection. Even then, the means testing is so stringent that many working poor families don't qualify.
Some solicitors defend their fees, citing overheads, insurance costs, and years of training. Martin Reynolds, a senior partner at a London firm, argues that "quality legal representation requires expertise and time, both of which come at a cost." But when that cost becomes prohibitive for most of society, surely we must question whether the system is broken.
Alternative solutions exist. Mediation, often costing a fraction of litigation, can work well for amicable separations. Some innovative firms are offering fixed-fee packages or unbundled services. But these options aren't suitable for complex cases or high-conflict situations where court intervention is necessary.
The Law Society maintains that solicitors' fees reflect market rates, but what good is a market that excludes most of its potential clients? When access to justice becomes a privilege rather than a right, we've failed as a society.
Parliamentary committees have conducted numerous inquiries into the issue, producing volumes of reports that gather dust while families continue to struggle. The government's response has largely been to promote mediation and online courts, which, while helpful, don't address the fundamental problem of astronomical legal fees.
For Ross Simpson, the story had a bitter ending. He eventually represented himself, facing his ex-wife's barrister across the courtroom. "I felt like I was fighting with one hand tied behind my back," he says. The outcome was a custody arrangement he believes might have been different had he been able to afford continued legal representation.
As we approach another year of austerity and rising living costs, it's time to confront this crisis head-on. The right to access justice, particularly in matters concerning our children and families, cannot be reserved for the wealthy. Whether through enhanced legal aid, fee caps, or radical reform of the family court system, something must change.
Otherwise, we risk creating a two-tier justice system where the quality of justice you receive depends entirely on the size of your wallet. For a nation that prides itself on the rule of law, that's not just unfortunate – it's unconscionable.
If you've been falsely accused of domestic abuse and need support then visit www.falselyaccusednetwork.co.uk or email support@falselyaccusednetwork.co.uk to arrange a free and confidential call.
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