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Discretion must remain at the heart of financial remedies reform

Lesley Smythe, partner, Lowry Legal, 18/08/2023

Family laws in England and Wales that provide judges with substantial discretion when dividing assets on divorce have long been a matter of vociferous debate in legal circles. The laws were challenged again recently by Mr Justice Mostyn, in an effort to influence a change in the legislation governing financial remedies.

Having campaigned on the issue for years, Mr Justice Mostyn’s latest call for a “rules-based system” to determine financial remedies on divorce seems, on the fac...


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