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Date:17 APR 2014
Senior Associate Solicitor

The Government has taken the first step towards implementing the Law Commission's recommendations in its report on Matrimonial Property Needs and Agreements. It has asked the Family Justice Council to provide guidance on financial needs and it is expected that this will be produced later this year.

The intention is that divorcing couples will have a better idea of what they should expect a financial settlement to look like. It is also hoped that it will reduce the regional variation in the approach taken by different courts to how need should be interpreted and that it will similarly assist mediators to support couples in reaching settlement.

This is a welcome move. Guidance as to likely outcome in financial cases would be a positive step for practitioners and divorcing couples alike. Providing more clarity as to what a realistic settlement looks like should encourage more negotiated settlements and reduce stress anxiety and cost for the parties. Increased consistency should make it easier to manage expectations and...

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