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'We want separating couples to have the best information available to help when they approach the difficult and emotional separation process. This new guidance will lead to a better understanding and more realistic expectations of what they will expect to receive as financial settlements and enable swifter and better resolution of disputes.The new guidance will be published later in the year and will help:
We are committed to making sure that when couples do make the decision to separate they make use of mediation rather than go through the confrontational and stressful experience of going to court. This new guidance will help mediators give advice to separating couples so that they can settle disputes out of court. In those cases that do go to court it will also help the judiciary and prevent regional variations in the interpretation of "financial needs".'
'It is very welcome to see the Government investing both time and money into providing clarity around this hugely important issue, which will not only even out regional variations in how cases are dealt with, but also provide practical guidance to couples about the law so they can better plan for the future.Alison Hawes added:
Such guidance will also be welcome by the family law community, as it will allow specialist lawyers to provide an even greater level of support to their clients.
However, there is a certain level of caution which needs to be considered from the outset. For example, it is a concern to see the Government suggest mediators will be tasked with giving both legal and financial advice.
A mediator's role is to assist people to reach an agreement, with such work being coordinated alongside separate legal and financial advice. Mediators certainly give valuable information, but advice could be regarded as something that would damage their neutrality and - potentially - their overall value to the couple they are working with.
It is also difficult to escape the conclusion that the Government's focus is on saving money, fundamentally by cutting the number of people approaching lawyers or the courts. Care must be taken to ensure such steps are not at the expense of fairness and justice, where, for example, one person may be in a more vulnerable economic position and needs the protection of the law.
While it is an extremely useful tool to help couples reach agreement upon separation, medication is not an answer for everybody and this should be recognised.'
'A disappointment is that this announcement does not address the Law Commission's proposals for the introduction of qualifying nuptial agreements.
This concept received a very positive response from the legal sector and could be vital in preventing many people from facing the cost and stress of going through the courts. We hope the Government is able to announce some plans on this, as well as a timetable for reform - and not repeat the lack of action they took regarding proposed reforms of laws related to unmarried couples.'
This work provides commentary, checklists, procedural guides and precedents on the subject in a...