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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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