The future of financial remedies: what the Law Commission’s review may mean for an ‘out of date’ system—Today’s Family Lawyer
Partner Katie Longmate has contributed an article to Today’s Family Lawyer ahead of the publication of the Law Commission’s scoping report on the law governing financial remedies due this month
The Matrimonial Causes Act 1973 (MCA) is over fifty years old, which has prompted the Law Commission to explore the case for reform, soon to be outlined in its ‘scoping’ report. In the article, Katie identifies the key areas for consideration, as well as weighs up leading opinion on the matter – which is generally weighted in favour of reform. She also recaps on progress made to financial remedy proceedings so far that are contributing to successful outcomes for families, while noting that substantive reform may take time.
It is hoped that greater certainty in the financial remedy system will lead to fewer inconsistencies and result in a fairer system in general.
Most people involved in family justice consider the biggest challenge to reform and improved outcomes for families to be the chronic underfunding of an overstretched court system, leading to significant delays. At the same time, many people struggle to access much needed advice and support. It is to be hoped such concerns feature in the upcoming review.
The full article is available to read at Today's Family Lawyer.
Katie Longmate is a partner in the family and children team. She advises across the full breadth of family law with many of her cases involving an international element, and is a Resolution trained family mediator in financial and private law children matters.
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