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27 September 2012
Issue: 7531 / Categories: Legal News , Divorce , Mediation , Family
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Separating...together

Money does not rule roost in divorce conflicts

Heather Mills was awarded £24m when her marriage ended while insurer John Charman was ordered to pay his wife £48m, but ordinary couples do not rate financial factors as important.

A mere three per cent cited being financially better off than their partner as the most important consideration should they divorce, in a Resolution survey of more than 2,000 people.

Four out of five said the interests of any children would be their most or second most important consideration, and more than half would prioritise making the divorce as conflict-free as possible.

However, nearly half of respondents who are divorcees said they believe divorce can never be without conflict, and 81 per cent of respondents believe children end up being the main casualties of divorce.

Some 45 per cent thought most divorces involve a visit to court – despite the fact non-court alternatives such as mediation are widely available and have been promoted by the government.

The survey of British attitudes to divorce was launched to mark the start Family Dispute Resolution Week, which aims to raise awareness of non-confrontational methods of resolving family breakdown, such as mediation, collaborative law and arbitration.

Resolution also published an advice guide for separating couples on the various non-court based methods, Separating Together: Your options for separation and divorce. Geraldine Morris, head of LexisPSL Family, said: “The new Resolution guide will be a useful new resource for separating and divorcing couples – the need for a greater awareness of options for resolving disputes is brought into sharp focus by the extensive cuts to legal aid and the overloaded court system.

“Mediation will not be suitable for all cases however and it would be hoped that the reforms to the family justice system proposed by Mr Justice Ryder will be properly resourced and implemented by the government so that those cases that are dealt with by the courts will be subject to less delay than at present.”

Issue: 7531 / Categories: Legal News , Divorce , Mediation , Family
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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