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04 August 2023 / David Burrows
Issue: 8036 / Categories: Features , Family , Divorce , Procedure & practice
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Couples' agreements: settlement matters

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In the first of a two-part series, David Burrows puts the case for pre-conditional order approval of financial settlements
  • Acts from 1969 and 1973 allow parties to divorce or dissolution proceedings to submit their agreement to the court for an opinion on the couple’s settlement.
  • The Family Procedure Rules Committee has done nothing to bring this into effect, and couples can find that, until they have a conditional order, their agreement can still be upset.

The mediation movement has been with us since the late 1970s. The Bristol Courts Family Conciliation Service, the first mediation service, opened its doors in 1979. Ten years before that, s 7 (in force from 1 January 1971) of the Divorce Reform Act 1969 (DRA 1969) came into operation. That s 7 is what is still in the Matrimonial Causes Act 1973 (MCA 1973) and has its parallel in s 43 of the Civil Partnership Act 2004 (CPA 2004). Both sections give the Family Procedure Rules Committee (FPRC) power to allow parties to

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Sidley—James Inness

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Partner joins capital markets team in London office

Haynes Boone—William Cecil

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Firm appoints first chief marketing officer to drive growth strategy

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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