Fiona Hay talks to Citywealth Magazine about The Future of Divorce: key trends, landmark cases and the rise of non court dispute resolution
31st Jan 2025 | Blog
Fiona provides an insight to Citywealth magazine on the rise of private financial dispute resolution and how parties are seeking alternative methods outside of the courts.
You can read a snippet of the article here:
The Rise of Private Financial Dispute Resolution (FDR)
London remains a global hub for divorce cases, attracting jurisdictional disputes and financial relief claims following foreign divorces. Additionally, emerging trends such as crypto assets, surrogacy, and coercive control in financial settlements reflect the changing landscape of family law. With recent legal reforms expanding ADR options and high-profile cases shaping asset division principles, the field remains dynamic and continues to adapt to modern societal and financial complexities.
Fiona Hay, Family Law Barrister, Harcourt Chambers, “Divorce appears to be as prevalent as ever, but parties are increasingly finding that resolution outside the courts can be preferable to resolution within. The distinction between marital and non-marital assets has been critical since the historic landmark decision of White in 2000 and continues with Standish. Prior to White the courts assessed awards made to non-breadwinners (usually wives) on the basis of their “reasonable requirements.” Since 2000 the issue of the definition of marital or non-marital assets has been considered by the courts in many cases. Standish is such a case although it dealt primarily with the issue of “matrimonialisation” – can an asset that is initially non-marital become marital by the way it is utilised over the relationship. Clarification of assets has been a critical issue for the last quarter century with the courts refining and developing the basis of the distinction.”
To read the full article click here.
