Contractualisation of family law
In an ESRC-funded project, All Settled? A study of legally binding separation agreements and private ordering in family law in Scotland, we analysed a sample of 600 separation agreements registered in 2010.
Background
Moving family law disputes out of court and encouraging negotiation and settlement instead has been a key focus for family law and family justice debate since the 1970s.
More recently, there is emerging debate around the ‘contractualisation’ of family law.
Scots family law is well placed to respond to these trends because it has a long history of being open to private settlement – ante-nuptial contracts (‘pre-nups’), post-nuptial settlements and separation agreements are nothing new for Scots lawyers.
Separation agreements in particular are a well-established part of the work of family law solicitors.
Dates
The project was funded from June 2012 until May 2013.
Report
The results are available online in an Economic and Social Research Centre (ESCR) research report and a CRFR project briefing paper (PDF).
Project reference
ESRC ES/J004960/1
Project team
- Professor Jane Mair
- Professor Fran Wasoff, Emeritus Professor, University of Edinburgh
- Dr Kirsteen Mackay, Research Assistant