Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
New rules for legal practice: guidance for legal professionals
The Ministry of Justice has published a page on the gov.uk website bringing together guidance for legal professionals on the new rules for various areas of legal practice. The page can be found here....
Book Review on Cohabitation: Law, Practice and Precedents (8th Edition)
It is 27 years since Denzil Lush first produced this book, some subsequent editions of which one has had the pleasure of reviewing for Family Law, and which, for some reason, does not figure as much...
Re AC (A Child) [2020] EWFC 90
(Family Court, Peel J, 11 December 2020)Private Law Children – s 8, Children Act 1989 – Inheritance - Jurisdiction Whether court had jurisdiction to authorise the mother to accept the...
Second reading in the House of Lords of the Domestic Abuse Bill
The Domestic Abuse Bill received its second reading in the House of Lords on 5 January 2021. The committee stage, where the bill will be scrutinised line-by-line, does not yet have a confirmed date....
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

Assembling the jigsaw puzzle: understanding financial settlement on divorce

Sep 29, 2018, 19:24 PM
Slug : assembling-the-jigsaw-puzzle-understanding-financial-settlement-on-divorce
Meta Title : Assembling the jigsaw puzzle: understanding financial settlement on divorce
Meta Keywords : divorce, laspo, family law, financial orders
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 7, 2014, 05:30 AM
Article ID : 104979

Emma Hitchings (University of Bristol), Joanna Miles (University of Cambridge), Hilary Woodward (University of Cardiff)

This article explores key findings from a recent two-phase research study: (1) a survey of c 400 court files in concluded financial order cases pre-dating the implementation of LASPO's legal aid reforms, drawn from four different courts in England, covering consent order applications, contested but settled cases and the small minority of adjudicated cases, and (2) interviews with solicitors and mediators practising in those four regions exploring their experiences of handling these sorts of cases. It examines the issues of how, when and why financial cases settle, including the dispute resolution mechanisms used (whether or not involving contested court procedures), the stage at which settlement is reached after contested proceedings are initiated, and the factors which practitioners consider promote, delay or preclude settlement being reached. Evidence regarding the prevalence of different out of court dispute resolution processes underpinning consent order applications are examined, along with evidence regarding the involvement of litigants in person (including parties apparently acting without lawyer support in consent order applications) and their impact on the settlement of these cases.  

This paper was presented at the Family Justice Council Interdisciplinary Conference: Family Justice Redefined? The May edition of Family Law will be a special issue containing some of the most important papers presented at the conference. For more information or if you would like to reserve your copy please contact customer services on 0117 923 0600.

The full version of this article appears in the March 2014 issue of Family Law.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from