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25 September 2015
Issue: 7669 / Categories: Features , Family , ADR
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Cuts both ways

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Pauline Fowler visits the options for separating & divorcing couples

Couples separating or divorcing face a myriad of different financial and practical problems: arrangements for their children, the appropriate division of their assets, suitable housing, sorting out income resources, to name the most obvious. Their legal position in England and Wales depends on the legal status of their relationship, and for the growing number of international couples in this jurisdiction there are complex technical questions of jurisdiction. For some, there are religious and cultural issues to address.

The traditional method of addressing these problems still holds good for many couples—they each consult solicitors and matters are resolved through lawyer led negotiation or court proceedings and most commonly a mixture of the two. However, since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on 1 April 2013 and effectively wiped out legal aid for family law (save for care proceedings and in a limited way for domestic violence cases) the court service has visibly struggled with the vast increase in litigants in person.

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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