Procedure/ JS/ Mediation and Legal Aid Flashcards
When will special procedure be used
if one party is unlikely to defend the divorce, then the procedure can be used
What does the special procedure do
it ensures simplicity, speed and economy- there is no room for over meticulous/over technical approach to divorce- the procedure is more administrative than ever
Where is judicial separation found
S 17(1) where on or more grounds have been established but there is no requirement of irretrievable breakdown. S 17(2)
Why would judicial separation be used
there is no minimum time bar, therefore, can apply within the first year of marriage.
Why is judicial separation popular with religious groups
used to avoid religious objections to divorce with the advantage of courts orders to regulate affairs
What is the disadvantage of judicial separation
the parties cannot remarry
What was the goal of mediation
to remove the adversarial element of the law- mediators do not advice or take sides, no power to impose a settlement- with the aim to facilitate the process
What did the Family Procedure Rules introduce
pre-application protocol. All perspective applications looking at financial relief must attend mediation
Why is mediation thought to be good
solutions reached by parties are more effective because of the effort they went to to make them, also likely to be able to alter them if needed.
Why is there a misconception to solicitors
lawyers will encourage to act more reasonably and in difficult situations reduce conflict and tensions.
What happened in April 1st 2013
legal aid was no longer available as a possibility unless an issue of domestic violence or child abuse arose.
