Full Description
The law on the financial consequences of divorce needs to be reformed. This accessible yet authoritative text moves beyond the complexity of current case law to propose concrete legislative solutions centred on equal partnership principles. With the abolition of fault-based divorce and government consideration of financial remedies reform underway, this analysis could not be more relevant.
Drawing on rich research, including new interviews on nuptial agreements, Thompson offers a compelling alternative to existing reform proposals that reveals surprising realities about finances on divorce. By re-evaluating what equality means and how it is perceived, this is a book about how the road to reform can be strategic yet fair. Offering evidence-based insights, it proposes a unique and pragmatic approach to reform.
Contents
Part 1: Why Reform is Needed
1. The Changing Legal Landscape
2. For Richer, For Poorer
3. Features of the Current Law
4. (Re)evaluating Equal Partnership
Part 2: Towards Change
5. The Law Commission's Scoping Project
6. The Case for Incremental Reform
Part 3: How Reform Could be Achieved: The Reforms to Prioritise Short-Term
7. Making Nuptial Agreements Binding
8. Refining Needs
9. Categorising Property
10. The Road to Equal Partnership
Epilogue - What About Cohabitants?
