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The legal dig

16 March 2007 / James Pirrie
Issue: 7264 / Categories: Features , Divorce , Family
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How should the courts assess equality in division of assets during divorce proceedings, asks James Pirrie

There is something in the work of archaeologists that reflects the current difficulties faced by family lawyers. An excavation requires a large group of people to pick through the rubble to find a few nuggets, which are delivered to a learned few, who develop a theory to unlock the mysteries of the investigation. The experience of family lawyers has been similar. We don’t understand the detail of the family law site, but we have a map called s 25 of the Matrimonial Causes Act 1973 (MCA 1973)—it just doesn’t give enough detail to be useful.

Uncovering the evidence

At enormous cost to a few unfortunate families—who could not find good enough answers from the law, their advisers or their negotiations—the industry has assembled a range of cases that give us glimpses of an underlying pattern that should exist but that still remains hard to discern. There are some parts that seem clear but others are mired in

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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