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A clean break between divorce and money

Separating divorce proceedings from financial claims is a step in the right direction but more could easily be done to make the whole process more user friendly, says Hazel Wright

7 June 2017

Sir James Munby, president of the family division, wants to cut the Gordian knot of divorce. By suggesting that proceedings be streamlined, he summarises what is required: ‘Formally, legally, and procedurally, a complete de-linking – separation – of divorce and money.’

Published under the heading ‘17th View from the President’s Chambers: Divorce and money – where are we and where are we going?’, Munby P’s proactive argument centres on separating the divorce process, which he terms ‘largely administrative and bureaucratic’, from any settlement over who takes which assets from a marriage.

In setting out a better legal future for couples facing such changes in their lives, his vision is driven by pragmatism. When our court system is both overburdened and underfunded, it is, he suggests, a reasonable expectation t...

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