My legal life: Rachel Jaysan, Child & Child

Post-GCSEs, we were required to spend a week doing work experience. I decided to take the opportunity to shadow a barrister. It was obvious from the get-go that he was not overly enthusiastic about having a teenage girl trailing after him. On my first morning, he deposited me into a murder trial at Manchester Crown Court. I was completely petrified but the excitement of the courtroom pulled me in. While there, I decided that I wanted to become a lawyer. 

I studied Law at Leeds University and after completing my LPC moved to London from my hometown of Manchester. I was a paralegal for a short time in a City law firm, while I searched for a training contract. I had been too busy partying at university to think much about applying for training contracts and therefore had to play catch-up. This turned out for the best because I realised during my time as a paralegal that commercial and corporate law was not for me.

I knew that I wanted to work with people and I originally wanted to specialise in defamation law. I spent an extended period of time doing work experience at Schillings and had my heart set on training there. But I missed out at the very final stages. I was devastated. I looked into other areas of law. As soon as I started training in family law, I knew that this work resonated with me the most.  

As a partner in the family department of Child & Child, every day is different in terms of the variety of work and diversity of the client base. My clients might be going through an acrimonious international divorce, or an amicable separation. One day, I could be applying for an emergency injunction, or find myself with a couple who are happy to use our ‘Parting Ways. Together’ one lawyer for two clients model.

'The enactment of the Domestic Abuse Act 2021, which recognises that withholding a religious divorce amounts to coercive and controlling behaviour, has meant that the remedies available to penalise this behaviour have been materially broadened'

I have taken an avid interest in religious divorce throughout my career, particularly the issues surrounding the giving and receiving of the Jewish divorce (Get). This was something of a natural interest, given the fact that I am Jewish and therefore had an understanding of the law. This interest has expanded to Islamic divorce (the Talaq) and all types of religious marriage – and how they reconcile with the civil process. Working in this area requires a deep sensitivity to religious and cultural issues and also the knowhow to achieve a desirable outcome.

The introduction of section 10A of the Matrimonial Causes Act in 2003 was a pivotal moment when statutory remedy was introduced to assist those where religious divorce was being weaponise d.  The enactment of the Domestic Abuse Act 2021, which recognises that withholding a religious divorce amounts to coercive and controlling behaviour, has meant that the remedies available to penalise this behaviour have been materially broadened.

There is much work still to be done to ensure that the remedies available in law can be reconciled with concerns held by religious authorities. They worry that ‘forcing’ a recalcitrant husband to concede with threat of punitive measure will amount to a forced Get and will consequently be invalid.

Although divorce has become less of a taboo in religious communities, women in those communities were still struggling to know where to access proper legal advice. They were often signposted to community leaders rather than lawyers. Women in or coming out of abusive relationships often did not have access to funds but found themselves ineligible for legal aid. There was a real need to provide a means for them to access proper legal advice.  

With a barrister colleague, I set up a legal advice clinic. This was facilitated by Jewish Women’s Aid, where I sit on the board as a trustee. Our 11 volunteer lawyers work with women’s support workers to offer a truly holistic and bespoke service. We offer a range of pro bono legal services depending on need. I am extremely proud of this service but there is still much more that can be done. Child & Child has supported this clinic and my charitable work.