Confrontational divorce settlements to come under the spotlight

23rd February 2010

The "confrontational nature" of many divorce settlements which go to the family law courts will soon be under scrutiny when the panel for the governmental review of the family justice system convenes shortly for the first of its monthly meetings.

The panel, formed as a result of the Families and Relationships Green Paper published in January, comprises seven senior officials from children's agencies and services in England and Wales, including Mr Justice McFarlane, the Family Division Liaison Judge for the Midlands. It will be chaired by David Norgrove, current Chair of the Pensions Regulator and the Low Pay Commission.

The Secretary of State for Children, Ed Balls, commented, "The government is concerned that the confrontational nature of the private law system can sometimes inflame parental conflict, leading to greater distress for children."

He explained that the government has asked the panel to explore whether the issues can be dealt with by the family law system more effectively, perhaps out of court in some cases, and how more mediation can be provided to help resolve conflict.

The panel will make calls for evidence, focus groups and formal consultation as part of its review, and will be taking into account the views of children. The panel's final report is expected in 2011.

Two key areas will be focused upon for recommendations; the provision of better information for fair divorce settlements and agreements amid family members; and whether the way the family justice system is managed needs to be improved.

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Catherine Taylor
Associate Solicitor
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