First interview

First interview

Initial instructions and conflict of interest checks

Prior to meeting the client or taking instructions, sufficient information should be taken over the telephone or by email to enable a conflict of interest check to be carried out in compliance with the Solicitors Regulation Authority (SRA) SRA Standards and Regulations. The check should be against the client, the other party and any relevant third parties. The full names of each person and any other name(s) by which they have been known should be obtained.

It may be helpful for the client to provide in advance of the first meeting a written statement of the parties’ relationship, with details of their financial circumstances where appropriate, perhaps using a questionnaire sent by email. Clients should be asked to bring any relevant documentation, such as:

•
the marriage or registration certificate if civil partners
•
any pre- or post-nuptial agreement
•
any cohabitation agreement, and
•
any relevant deed of trust

Compliance with the requirements of the Proceeds of Crime Act 2002 is essential. The client should be informed in advance of the first meeting of the documentation required. The Law Society guidance

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Domestic Abuse Commissioner reviews how the family courts deal with domestic abuse

On 14 October 2025, the Domestic Abuse Commissioner published findings from a study conducted under the Family Court review and reporting mechanism (FCRRM), which examined practices at three Family Court sites in England and Wales throughout 2024. The study focused on how domestic abuse is identified and addressed in private law child arrangement proceedings. Domestic abuse was identified in 87% of case files and 73% of observed hearings. The report found that court proceedings can have a negative impact on survivors and children, including re-traumatisation, limited opportunities for children’s views to be considered and orders perceived as unsafe or unsustainable. While some good practice was observed, such as trauma-informed approaches and efforts to prioritise safety, these were not applied consistently. The Domestic Abuse Commissioner made several recommendations in relation to the next steps for the FCRRM, including that the Ministry of Justice should commit resources and funding to a second phase of the FCRRM to include Pathfinder court sites and Child Arrangements Programme courts, as well as financial remedy cases.

House of Lords urges urgent overhaul of Child Maintenance Service as reforms set for 2025–26

Family analysis: This News Analysis considers the House of Lords Public Services Committee’s report on reforming the Child Maintenance Service and highlights upcoming legislative changes, a forthcoming consultation and likely directions for future reform.

Obligation to provide position statements to the public in the COP (Re AB)

Private Client analysis: Mr Justice Poole clarified the approach to be taken towards provision of position statements and skeleton arguments to public observers in the Court of Protection in proceedings covered by a Transparency Order. He laid down a relatively comprehensive set of guidelines both as to substance and procedure. The principles in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38; [2020] AC 629 are to the fore. Provision of position statements promotes the open justice principle, especially in a time when it may be difficult for an observer to understand court proceedings without them. This must be balanced against any countervailing factors, for example risk of harm and proportionality. Written by Adam Stewart-Wallace, barrister at Ten Old Square.

Family weekly highlights—9 October 2025

This week's edition of the Family weekly highlights includes details of the additional categories added to the MyHMCTS Family Public Law service Case File View and the revised Public Law Practice Note by the Family Presiding Judge for London. The Ministry of Justice's plans to reform weddings law in England and Wales and the Law Commission’s report recommending disabled children's social care law reforms are included. A recent judgment from the President of the Family Division discharging a court-appointed Qualified Legal Representative is also set out. Four new Practice Notes on domestic abuse protection orders in the Family Court and in civil proceedings have been added to the domestic abuse subtopic. A new checklist on reporting restriction order applications has also been added to the media access and transparency subtopic.