Given the fact that a 'fair outcome' in a claim proceeding is influenced by the legislative coverage, the court's approach in interpreting the provisions and the complexity rules and procedures, the review of legal developments shall essentially consider the major changes to the legislation, the major developments in case law as well as the changes to the rules and procedures towards achieving a fair outcome for the parties.
Ancillary relief - the apportioning of financial assets and income of the parties to the marriage- remains one of the major issues to be resolved on divorce. The basic law and judicial considerations for ancillary relief are contained in Part II of the Matrimonial Causes Act (MCA) 1973, amended by the Matrimonial and Family Proceedings Act 1984 imposing a 'clean break' obligation on the courts. Statutory improvements have been impacted the provisions, a review of which shall be endeavoured.
The 1973 Act provided courts with the power awar ...Show more