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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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McHale & Co—Shaun Little & Patrick Byrne

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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