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Sanctions Guidance is not a score sheet – Court of Appeal findings from GMC v Gilbert & PSA
Jessica Etherington
Last night we saw the first of a six part series which focuses on the world of divorce. It is a drama; they use dramatic license to make the show interesting, appealing to the public and to fit into six parts. The show is the first of its kind in this country and it is exciting to see our profession featured in a high profile drama which will provide a platform for family law issues to be discussed. I hope The Split will also give us the opportunity to share our advice, thoughts and experiences from inside the profession.
As I read the stop press news last week about the possibility Angelina Jolie might be pressing pause on her divorce, given Brad’s reported willingness to address his drinking problem, it got me wondering about whether they were considering a Reconciliation Contract which is a popular post-nup tool in the US.
The debate surrounding our fault-based divorce system is not a new one. However, the recent case of Mr and Mrs Owens, in which Mrs Owens appealed the court’s decision to reject her divorce petition, demonstrates the need for urgent family law reform.
Currently, in order to petition for divorce one party is required to prove that the marriage has broken down irretrievably. This can be evidenced by adultery, unreasonable behaviour, desertion or separation (of two years with the consent of both parties, or of five years without consent).
News of megastars Brad Pitt’s and Angelina Jolie’s divorce has dominated newspapers and social media worldwide this week and is a timely reminder of how people in the public eye have to deal with intense media interest in the difficulties they face in their private lives.
One of the best ways to ensure that the terms of any divorce, whether high profile or not, are kept out of the press is to conduct proceedings in an entirely private forum such as mediation, using a private judge or arbitration. As practising mediators, we assist clients in resolving issues outside of court and regularly advise them about the benefits of mediation.
For many, the prospect of attending a court hearing to decide upon the future of your family or finances can be a daunting process. Courts tend to be formal, overwhelming and expensive. Thankfully, court is not the only option and alternative dispute resolution methods, such as arbitration or mediation, can often assist in achieving a more amicable, timely and economical resolution.
Jessica Etherington
Tajmina Begum
Sophie Tang
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