BUSINESS BOOKS AND REPORTS
The Financial Consequences of Marriage Breakdown
A Practitioner's View
- Publisher
THO - Published
20th March 1998 - ISBN 9781854180421
- Language English
- Pages 48 pp.
- Size 8.25" x 11.75"
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.