Mutual Consent: Separation Agreements and the Outcomes of Private Ordering in Divorce1

1. An earlier version of this paper was given at the Socio‐Legal Studies Association Conference in April 2005. Thanks in particular to Becky Bagatol for her helpful comments.

Abstract

This article examines the practice of negotiated out‐of‐court settlements in divorce proceedings. Despite being common, such settlements are relatively poorly examined. Here, evidence on the conduct of such settlements in Scotland is explored in an attempt to shed light on the benefits and defects of such agreements. A representative sample of such agreements is considered and evidence from a number of telephone interviews with parties to such agreements adds depth to the analysis.

Keywords:

• Divorce
• Separation
• Private Ordering

Notes

1. An earlier version of this paper was given at the Socio‐Legal Studies Association Conference in April 2005. Thanks in particular to Becky Bagatol for her helpful comments.