Introduction

Abstract

This is a book about the resolution of family disputes that arise from the end of marriages or marriage-like relationships. Our focus is on disputes between couples – whether married or cohabiting – over their finances and/or arrangements for their children, following the breakdown of their relationship, rather than on disputes that might arise within ongoing couple relationships. Post-separation disputes are the ‘bread and butter’ of family law. In fact, though, many couples deal with the consequences of their relationship breakdown without any kind of dispute. They sort things out between themselves and move on with their lives. Since this group flies below any official radar, it is difficult to put a figure on its size. The survey we conducted in 2011 (detailed in Chapter 3) suggested, however, that nationally, almost half of all couples divorcing or separating between 1996 and 2011 sought no legal advice about their situation, with couples separating from cohabitation less likely than divorcing couples to seek legal advice. Those who seek advice may then proceed, armed with that advice, to make their own arrangements. So those who end up in dispute may be a minority, but perhaps a substantial minority, of all divorcing and separating couples.