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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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