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31 July 2009 / James Pirrie
Issue: 7380 / Categories: Features , Family , ADR
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Follow the (ADR) crowd

Global meltdown presents practitioners with a great opportunity for ADR, says James Pirrie

Practitioners are caught in a conundrum. How can we drive towards a clean break by capitalising maintenance when we don’t know if clients will have a job in a year’s time, let alone the bonus that used to make up so substantial a part of the fmaily’s income?

Even if we pass this hurdle, then the Duxbury assumptions—even as updated—seem a crude structure for long-term prediction in the light of recent fluctuations.

For most people “separation” means disposing of assets to fund different lives going forward. However, in the current climate, disposal is difficult to achieve—family homes won’t sell, clients are reluctant to sell share-holdings that they insist are below their true value—holiday homes may be unsellable at any figure.

Even if clients are prepared to borrow to move things forward, the funding is unlikely to be provided in the sort of amounts needed.

Three-stage separation

What has happened in consequence is that a new chapter of separation has

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
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