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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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