DISPUTE RESOLUTION WEEK - The role of the certificate of satisfaction in divorce proceedings26th Sep 2012
Draft legislation, in line with Mr Justice Ryder’s proposals, has been recently published. As part of Resolution’s Dispute Resolution week, each day this week we will be publishing our Solicitor’s thoughts on these proposals. Today Lindsay Halliwell, Solicitor in the Family and Matrimonial Department, discusses the role of the certificate of satisfaction in divorce proceedings and the proposed abolition of this step.
When petitioning for divorce, if there are children involved, the petitioner is required to accompany their petition with a statement of arrangements for their children, setting out the arrangements for the children. In such cases, when deciding on the divorce the Judge must also issue a Certificate of Satisfaction, essentially that he is satisfied with the arrangements set out. The proposed measures seek to remove this step from the divorce process. The proposed measures will seek to reduce the amount of time the court takes to deal with an uncontested divorce and seek to steer clients toward seeking independent redress as to disputes relating to children.
Although we welcome this proposed measure as we adopt an independent approach when dealing with childcare and divorce, we urge individuals to seek advice as to childcare arrangements if they are in any doubt as to the current arrangements or there suitability.