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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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