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29 March 2024 / Joanna Newton
Issue: 8065 / Categories: Features , Procedure & practice , Family , Divorce , Mediation
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Divorce advice: see you out of court!

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More separating couples are choosing less adversarial divorce processes. Joanna Newton provides an Easter refresher course on the options available
  • Discusses the options available to divorcing couples when it comes to resolving disputes, including FDR, as well as non-court-based options such as private FDR, mediation, collaborative divorce and arbitration.

Court-based financial dispute resolution (FDR) hearings have always been a useful tool in settling financial disputes without the need for a final court hearing. It is up to the judge on the day to make a decision as to how a separating couple’s finances will be divided.

Gradually, over the past few years—and particularly in the wake of no-fault divorce—more couples are seeking resolution to their financial settlement through less adversarial methods. Options include mediation, arbitration and private FDRs. Family lawyers are seeing a marked reduction in the number of couples going to final hearing, instead choosing more cost-effective, less acrimonious routes to getting a consent order in place. In 2018, 14% of finance cases went

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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