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Divorce settlements ‘must be clearer’, say Law Commission

The Law Commission, a statutory independent body, have said that divorcing couples and judges should be given a clearer idea of their financial aims in court.

The body, which recommends legal reforms in England and Wales, has stated that the current lack of clarity only worsens couples’ misery.

They believe there is confusion about whether parting spouses are being properly compensated for the sacrifices they have made in a relationship or have been encouraged to achieve independence.

The Law Commission has now called for the legislation to be addressed to define the objectives of cash settlements.

Plans are currently being examined to have financial settlements worked out by using a formula, the same way the divorce system works in Canada.

A public consultation on the issue is due to end in December.

For more information on divorces, please view our page on Family Law & Matrimonial or phone a member of the Family Law team on 01535 607831.

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