Order 22.1: Stay Pursuant to Arbitration Act 1996 s 9 and/or under the Court's Case Management Powers

‘A fairer end to relationships’ identifies four guiding principles, and these can pull in different directions. Whilst the consultation does not explain how the principles have been balanced with one another, such an analysis is essential to promote a coherent framework.

In an effort to introduce greater certainty, the Government has proposed a new hierarchical approach to be undertaken by the court when considering needs. The authors question whether, in practice, it will be easy to police such a distinction. Family lawyers are nothing if not creative.

For many years there have been strong movements to reform, improve and make clearer and more certain the law relating to financial outcomes on divorce. In early June 2026 the UK government produced a consultation paper with a very fast response date.