Assembling the jigsaw puzzle: understanding financial settlement on divorce

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...

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