The Times today features an article dealing with the question of the court's involvement in Divorce cases. The article quotes a well-known lawyer whose view, it appears, is that Divorce is on its way to being privatised. The article refers to the decision, a few years ago, to remove reporting restrictions on Matrimonial Finance cases as a catalyst to the desire of the rich and famous to keep their domestic disputes private. It has long been the goal of the vast majority of family lawyers to ensure that such disputes, whether they centre on financial issues or matters relating to Children, are kept as private as possible. Divorce and Separation is quite painful enough, without the added layer of emotional stress that inevitably occurs if, to coin a phrase, "dirty linen is washed in public". The court, in the majority of cases nowadays is very much a last resort. Collaborative Law, Mediation and voluntary negotiations achieve the vast majority of settlements of family disputes, well away from the public eye. However, the problem arises when one or both parties to a dispute simply do not take part in a voluntary code of practice designed to minimise cost and stress and maximise the chance of finding sensible and practical solutions over the division of assets or where the children will live after separation. Recently, there have been high profile cases which have involved two husbands being sent to jail for non-disclosure of assets. If the courts are "The Last Resort" then such outcomes represent a visit to the Last Chance Saloon. At that point, somebody has made a conscious decision to behave in a certain way and the consequences of those actions must be explained. It is worth remembering that the jail term is imposed because a party was found to be in contempt of court - not just on one occasion but repeatedly. Such eventualities remain exceptional. The court, therefore, has its place when considering how best to resolve disputes. Until legislation changes and provides an alternative to the court system that has the power to place severe sanctions on those who fail to take part in voluntary processes, that place will remain as important as it is today. Contact our specialist Family Law team If you would like to talk to any of our Family Law Solicitors please contact them on 0800 916 9055, or e-mail enquiries@rjwslatergordon.co.uk. Our Family Lawyers operate across the country and can offer immediate and accessible representation anywhere in England & Wales.
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