Thorogood Reports Series Read Description

The Financial Consequences of Marriage Breakdown

A Practitioner's View

Spiral bound
March 1998
9781854180421
More details
  • Publisher
    Thorogood
  • Published
    20th March 1998
  • ISBN 9781854180421
  • Language English
  • Pages 48 pp.
  • Size 8.25" x 11.75"
$155.00

This Special Briefing is an invaluable guide to all financial and legal advisers. Divorce or separation can result in complex and unforeseen financial consequences. There can be important implications for any property, pensions or investments owned by the individuals concerned. Anyone who provides financial advice needs to be fully briefed on the issues involved. Lawyers are also frequently required to negotiate on behalf of their clients. Maggie Rae provides a clear, practical explanation of the financial consequences of marriage breakdown. In concise and lucid terms, she discusses each of the key financial issues that need to be considered, illustrating them with helpful examples and precedents.

Introduction
Overview

The consequence of marriage breakdown

Dispute resolution technique

The reordering of assets
Why should it become necessary to reorder assets on divorce?

The Court's powers

The principles on which the Court decides

The 'clean break'

Asset adjustment - the principles

Other factors

The process
General (non pilot scheme courts)

The pilot scheme

Disclosure

Resolving issues
Asking the Court to decide

Mediation

Negotiation

Legal costs

Outcomes

Variations

Child support

Other matters
Tax

Inheritance

Cohabitees

Appendix 1

Section 25 Matrimonial Causes Act 1973

Appendix 2

List of Courts operating the pilot scheme

Appendix 3

Useful addresses

Appendix 4

Civil legal aid and eligibility rates 1997/1998

Maggie Rae

Maggie Rae is a solicitor and partner at Mishcon de Reya. She specialises in family law, and has written and lectured extensively on all aspects of the subject. Maggie is a member of the Lord Chancellor's Advisory Committee on Ancillary Relief, the President's International Family Law Committee and the International Academy of Matrimonial Lawyers.