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23 February 2024 / Catherine Doherty Montanaro
Issue: 8060 / Categories: Features , Family , Divorce
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Family court backlogs & divvying up the family silver

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Despite the 2022 reforms, separating couples may wait years for financial remedy proceedings to be concluded. Catherine Doherty Montanaro considers the implications
  • The backlog in cases means financial remedy proceedings are slow to come to court. But the treatment of income and assets amassed during a period of separation is unclear, as is the issue of deferred consideration.
  • The court is leaning towards including deferred consideration in situ at trial when calculating the matrimonial assets available for division, except those acquired more than 12 months after separation. But each case is different.

Following the April 2022 law reforms, there is now no requirement to wait for any period of time before proceeding with a no-fault divorce and related financial application. However, the backlog of cases slowing down the family courts means that often, the reality is that couples have been separated (emotionally if not also physically) for many months, if not years, by the time their financial remedy application is considered by a judge.

While it is established law that (subject

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