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31 October 2012 / Catherine Vine
Issue: 7536 / Categories: Features , Family
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A new direction?

Catherine Vine plots the Law Commission’s plan for matrimonial property, needs & agreements

Judges sitting in financial provision on divorce cases have been likened to bus drivers who lack information about where they are going. In such cases, all a judge is told is that “the driver is required to drive to a reasonable destination”. That lack of direction may be disconcerting to the bus driver, but it is no doubt terrifying for the “passenger” clients who embark on financial provision cases with no real understanding of how much they might have to pay to a former spouse and for how long.

Three elements of reform

The Law Commission is currently conducting a law reform project on matrimonial property, needs and agreements, the outcome of which, we hope, will assist bus drivers and passengers alike. The project has three distinct elements:

  • Marital property agreements (“pre-nups”)—agreements which seek to settle the financial outcome of divorce or the dissolution of civil partnership in advance.
  • The law relating to financial needs on divorce and dissolution.
  • The
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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