Family Lore

Musings of an English Family Lawyer

McCartney case relevant to all  


Here's something that has already been mentioned by Judith Middleton, but I think it bears repeating. The media cacophony over the McCartney/Mills case is reaching a crescendo with the judgement due tomorrow, but just how relevant is such a case to all the 'ordinary' people who are reading the stories? Well, quite relevant, actually, according to Resolution, which issued a media briefing last Thursday setting out a number of issues that they suggest are relevant to more ‘normal’ divorces:

  • Sorting out a financial settlement doesn't have to involve a "high-conflict court battle" - there are alternatives, such as mediation.
  • The case highlights the need for enforceable pre-nuptial agreements, "allowing people to take control of their own financial future rather than relying on the current lottery of divorce court hearings".
  • If one party brings assets into the marriage, this can be taken into account when deciding the financial settlement, especially if those assets are considerable, but the usual position is that "unequal contribution is only relevant where it would produce an unfair result if it were not considered".
  • The shortness of the marriage can also be relevant but, again, only "where it would produce an unfair result if it were not considered".
  • Mr Justice Bennett has indicated that he intends to make part of the settlement public due to the level of media interest in the case - we will discover exactly what tomorrow - but financial proceedings are normally conducted in private, which encourages negotiation.

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