Prof David Hodson OBE KC(Hons) MCIArb and renowned legal correspondent Joshua Rosenberg, join Kate Daly of Amicable in The Divorce Podcast to discuss the proposed reform by the Law Commission in respect of financial outcomes on divorce. Specifically to discuss whether 50/50 is a fair way to divide money and
The Child Maintenance Service (CMS) has provided a mechanism for calculating the amount of maintenance payable for children since 2012. Its predecessor, the Child Support Agency, was launched in 1993. Having a method for calculating child maintenance is therefore not a new phenomenon. However, the mechanisms, whilst effective, do have
Many countries across the globe adopt a sharing principle when dividing assets on divorce meaning that the starting point shall be the equal division of any assets generated during a marriage. A marriage in England is regarded as a partnership of equals and therefore the fruits should also be shared
The Duxbury formula seeks to ascertain a capital amount which if invested to achieve capital growth and income yield (both at assumed rates and after tax on the yield and required gains) could be drawn down in equal inflation-proofed instalments over a period of time (often the recipient’s life expectancy) but would be completely exhausted at the end
More and more cases in England and Wales are now dealing with cryptocurrencies, one way or another. Thankfully the English legal profession has been quick to provide a clarification as to the status of the cryptocurrencies under the English law. Perhaps the first logical assumption that would come to mind
On 4 April 2023, The Law Commission announced its next review of the laws that determine how finances are dealt with after divorce and dissolution of civil partnership. This review has been announced 50 years after the passing of The Matrimonial Causes Act 1973 (‘The MCA’) and almost 20 years
The unprecedented rise in the costs of living has impacted many families, in particular those with young children, and none more so than those who are, unfortunately, also separating. The big, bad wolf of this nursery tale is the increase in childcare costs. In his March 2023 budget, the Chancellor
Executive summary Millions of people around the globe have funds in cryptocurrencies, with billions of dollars now invested. The nature of these funds is invariably secretive and non-national based. They present distinctive challenges for family courts around the world in ascertaining what are the overall assets in order to produce
In the majority of cases child maintenance is determined exclusively by the formula prescribed by the Child Maintenance Service (CMS). In summary it is a percentage of the paying parent’s income with deductions for overnight care. But there are some exceptions where the English family court may have the power
Executive summary Over the past few years and increasing in intensity, High Court and Court of Appeal judges have strongly condemned very high and/or disproportionate legal costs in financial remedy claims. This is troubling and not good for the reputation of English family law and family lawyers including with their
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