Is the meal ticket for life in tatters? Sharing stops on divorce

By Gill Doran

The court has emphasised that sharing stops on divorce — so logic dictates that with the marriage over, sharing has no place in the assessment of maintenance. The correct goal is to empower individuals, after a divorce, to make the transition to independence. In Scotland, maintenance is formulaic and short-lived — financial independence is de rigueur. The Law Commission into Matrimonial Property, Needs and Agreements published in February 2014 underlined the differing practices around the courts in England and Wales producing a ‘postcode lottery’. The differing levels of generosity leading to the colourful illustration that a family court judge is like a bus driver who has been told how to drive and told he must drive, but has not been told where to go, nor why he is to go there…

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