As the English Family Court Grapples with a New Direction of Travel for Non-Court Dispute Resolution, What Are the Likely Impacts of Recent Changes and Are We at Risk of Putting the Cart before the Horse?

Over recent years, there have been an increasing number of public consultations and reports considering how to support the earlier resolution of civil disputes, both within the Family Courts and across other areas of practice. A key driver behind the perceived need for additional focus on this area is the overwhelming backlog of cases within the court system.

• Journal

• NCDR

• Alex Brereton
• Polly Atkins
• Eri Horrocks

!27/09/2024 08:00

Non-Court Dispute Resolution and the New Protocol – Don’t Look a Gift Horse in the Mouth…

Whilst there are a multitude of options available to separating families – both in terms of finding outcomes but also support along the way – too often the last resort when the going gets tough has continued to be a court process. The new protocol is exactly what was needed to force a change of direction.

• Journal

• NCDR

• Katharine Landells

!27/09/2024 08:00

Is the Current Approach to ‘Conduct’ in Financial Remedy Proceedings in Need of Reform?

The significance and role of marital misconduct in proceedings for financial relief on divorce has had a long and varied history in family law. This article explores that history and the evolving significance of conduct within the litigation process and poses the question whether the current approach to conduct under s 25(2)(g) Matrimonial Causes Act 1973 is in need of reassessment.

• Journal

• Conduct

• Femi Ogunlende

!04/10/2024 08:00

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.

• Blog
• Journal

• divorce

• Professor David Hodson OBE KC(Hons) MCIArb

!07/10/2024 22:10

Dame Jennifer Roberts: An Appreciation

On 13 June 2024 a packed Lady Chief Justice’s Court was the scene of affectionate tributes to Mrs Justice Roberts, known to all as Jenny, who died on 10 June 2024. The sadness evident on that occasion and in writing an obituary for Jenny is mingled with the pleasure of recalling such a fine and lovely person.

• Blog
• Journal

• Obituaries

!18/06/2024 13:42