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Cuts both ways

25 September 2015
Issue: 7669 / Categories: Features , Family , ADR
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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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