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Family law: the court of last resort

02 June 2023 / Caroline Bowden
Issue: 8027 / Categories: Features , Family , Divorce , Child law , Mediation , ADR
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For many participants in a family dispute, almost any alternative is better than ending up in court. Caroline Bowden hopes the government will succeed in getting this message across
  • The government is consulting on the earlier resolution of private family law arrangements, and is expected to stress the importance of seeking agreement outside of the courts.
  • Any moves towards non-court dispute resolution in family matters are to be welcomed, although much will depend on the details of how the system will be rolled out and embedded in practice.

The author is cautiously optimistic about a government consultation on plans to radically alter the pathway for couples experiencing separation. The Ministry of Justice is hoping for a culture change, shifting people from looking at court as the inevitable destination, when there is conflict over the arrangements for children, finances or housing. Instead, it wants court to be the last resort, to be used only for those who need it and when the possibility of any other suitable option has been exhausted.

An adversarial approach

There

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