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16 March 2007 / James Pirrie
Issue: 7264 / Categories: Features , Divorce , Family
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The legal dig

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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