Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Divorce only became possible through the courts in 1857 (before then it required an Act of Parliament and so also huge wealth and political weight). Divorce cases were heard in public and created tabloid sensations. They pitted husband and wife against each other; if both had behaved badly, the divorce could be refused. They needed a villain and a victim; a guilty party and a wronged party.
Dominic Raab has called for ‘drastic and bold’ intervention, but what are the chances of a complete
overhaul for legal aid? Funding cuts, a shortage of judges, increasing demand and the pandemic have all contributed to the family courts bursting at the seams.
I asked clients, colleagues and an IFA specialising in divorce what they thought a ‘good’ financial settlement looked like. The common thread in their answers was not, as you might expect, that it’s about winning. A ‘good’ divorce, where the finances are concerned, is about realism and moving forward.
Today is the second day of Good Divorce Week, a Resolution initiative which this year is providing free resources to parents who are going through a divorce or separation.
Resolution is a community of 6,500 family justice professionals who believe that a non-confrontational approach to family law issues produces better outcomes for separating families and their children. All of the family lawyers in our team are members of Resolution.
One effect of the Covid 19 pandemic has been the disruption and delay to the administration of family law justice. For a system already creaking as a result of cut backs, the pandemic has highlighted the polarisation between those who can afford to pay privately for their justice - using arbitration and private judges - and those who cannot. In the latest of our annual debates on family justice on 29 November, the family team at Kingsley Napley asked whether the two tier justice system is here to stay.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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