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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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