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Is it possible to calculate a divorce settlement using a mathematical formula?  This is the approach that is used in Canada and is currently being reviewed by The Law Commission as part of wider Government reforms of divorce law for England and Wales.

If adopted, this new system which is being labelled the ‘cookie cutter’ approach to settlements, would be intended to improve consistency of divorce judgements. The mathematical formula would produce a monetary upper and lower limit that a spouse would be entitled to.  In theory, this would make the process simpler and clearer.

Unsurprisingly, there have been numerous people from within the legal system who have objected to this cookie cutter approach. Their argument being that a ‘one size fits all’ method might be simpler, but runs the risk of coming to conclusions that are unfair as they won’t take into account the merits of each individual case.

The new approach would work within set parameters and there would still be numerous factors that influenced the settlement figure.  For childless couples, the difference in income and length of the marriage would influence the settlement, whereas for parents, the number of children would play a significant part.

It is also worth noting that there will be some cases where the new system would not be used.  This would include certain marriages with debts, physical disabilities or unequal property ownership.

As with most systems, the quality of the output is largely governed by the quality of the information it uses.  If the cookie cutter approach is indeed implemented in England and Wales, the accuracy of the data used combined with the variables used to decide settlements, will matter most.

A Formula For Divorce Settlements?

Date: January 31st, 2013 - Written by: Brookman Solicitors

Is it possible to calculate a divorce settlement using a mathematical formula?  This is the approach that is used in Canada and is currently being reviewed by The Law Commission as part of wider Government reforms of divorce law for England and Wales. If adopted, this new system which is being labelled the ‘cookie cutter’… Read the full article

3 Pointers For Choosing The Right Divorce Solicitor

Date: January 4th, 2013 - Written by: Brookman Solicitors

For most people who divorce, finding and choosing a divorce solicitor will be a task they conduct once in their lives. Clearly it’s an important task, and choosing the right solicitor will have a direct impact on how the divorce is handled and what the outcome might be. We have therefore suggested three pointers to consider… Read the full article

Chinese Government Unintentionally Incentivizes Divorce

Date: December 21st, 2012 - Written by: Brookman Solicitors

Every now and again, governments introduce policies with the intention of addressing one issue, but inadvertently end up creating another. A case in point is the government for China’s southwest Guizhou Province.  Here, a policy has been introduced in an attempt to curb the ongoing problem of illegal housing construction.  In particular, the government is… Read the full article

Marriage – A Mix Of The Modern & Traditional

Date: December 17th, 2012 - Written by: Brookman Solicitors

It has been reported many times before that the ‘traditions of marriage are dead’.  Whilst there is no doubt that marriage has changed over the years – in society and in law – perhaps ‘dead’ is a little too strong a word. What is clear, is that some of the old views toward marriage are… Read the full article

Can You Insure Against Divorce? A New Type Of Policy Is Launched In China.

Date: December 11th, 2012 - Written by: Brookman Solicitors

Insurance is a common part of our lives.  From our homes to our health to our wealth, we can insure against the worst happening.  But in China, where insurance companies have found policy income dropping in recent months, a new insurance product has been introduced: marriage insurance. The purpose of marriage insurance is to compensate… Read the full article

Divorce In Denmark: From Speed Dating To Speed Divorce?

Date: December 6th, 2012 - Written by: Brookman Solicitors

Speed dating has become a common and relatively efficient way to shortlist potential new partners.  But in Denmark, it appears that this fast-paced approach to finding a partner, could soon extend to couples working with their divorce solicitors to fast forward through their divorce. In essence, the Danish Government has introduced a proposal that will… Read the full article

Divorce: looking back and looking forward

Date: December 3rd, 2012 - Written by: Brookman Solicitors

Way back in 1986, the National Institutes of Health funded a study of 373 couples aged 25 to 37. Now, in 2012, the study has found 46 per cent of the couples had chosen to divorce. Interestingly however, a significant 71 per cent had found happiness with new partners and 44 per cent had gone… Read the full article

Is An Estranged Spouse Entitled To Your Inheritance?

Date: November 30th, 2012 - Written by: Brookman Solicitors

Henry Brookman provides the answer to a Financial Times’ ‘Wealth Question’ regarding whether an estranged wife has the right share to her husband’s inheritance. Financial Times Wealth Question: “My wife and I have been separated for almost a year, and in that time, my father sadly passed away leaving me a considerable sum of money…. Read the full article

An Arresting Solution When It Comes To Child Maintenance

Date: November 27th, 2012 - Written by: Brookman Solicitors

The enforcement of child maintenance payments has always been a thorny legal issue. It’s a challenge faced by legal systems across the world. Some have gone as far as making non-custodial parents serve jail time for non-payment of maintenance, which has only worsened the financial circumstances of both parties involved: the non-payer suffers loss of… Read the full article


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