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

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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MOVERS & SHAKERS

Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

NEWS
Pathfinder courts—renamed ‘Child focused courts’—are to be rolled out nationally, following a successful pilot where backlogs halved and cases were resolved up to seven and a half months faster
The Court of Appeal has unanimously dismissed a £385,000 costs order against a father, in a case that centred on what is required to meet the threshold of ‘reprehensible or unreasonable’ behaviour
Centuries-old burial laws would be overhauled, under Law Commission proposals to address the burgeoning problem of shortage of cemetery space
The government has committed an extra £32m to women’s charities and services tackling addiction, trauma, abuse and homelessness
The Financial Ombudsman is poised for major reform to return it to a simple, impartial dispute resolution service
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