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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

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

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A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
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