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…

Click on the link below to read the rest of the Withers briefing.

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