The Road to Equal Partnership : Reforming the Financial Consequences of Divorce.

Format:

Book

Author/Creator:

Thompson, Sharon.

Language:

English

Physical Description:

1 online resource (187 pages)

Edition:

1st ed.

Place of Publication:

Bristol : Bristol University Press, 2026.

Summary:

The law on the financial consequences of divorce needs to be reformed.This accessible yet authoritative text moves beyond the complexity of current case law to propose concrete legislative solutions centred on equal partnership principles.

Contents:

Front Cover

Title Page

Copyright Page

Dedication

Table of Contents

Acknowledgements

Preface

Part I Why Reform Is Needed

one The Changing Legal Landscape

New divorce law, new financial remedies law?

two For Richer, for Poorer

Issue 1: The law is often misunderstood

Issue 2:​ Millionaire divorcees have shaped the law

A law for the rich?

three Features of the Current Law

Legislative features

Feature 1: Discretion

Feature 2: There is no overall objective

Feature 3: There is no category of matrimonial property

Judge-​made features

Feature 1: Promotion of equality and non-​discrimination

Feature 2: Fairness as an objective

Feature 3: Promotion of autonomy

four (Re)evaluating Equal Partnership

The cost of caregiving

Power imbalance

Other priorities?

The Sanctity of Property

Choice

What we decide to value

Part II Towards Change

five The Law Commission's Scoping Project

Divorce (Financial Provision) Bill

The Law Commission's four models

Model 1: Codification

Model 2: Codification-​plus

Model 3: Guided discretion

Model 4: Default regime

Why the Law Commission's report is important

six The Case for Incremental Reform

Private ordering, AI, and online responses

The need for pragmatism

Part III The Reforms to Prioritize Short Term

Area 1: Nuptial agreements

Area 2: Refining needs

Area 3: Categorizing property

Area 4: An overall objective

seven Making Nuptial Agreements Binding

Who signs nuptial agreements?

Reason for reform: needs are met inconsistently, and sometimes restrictively

Reason for reform: last-​minute ultimatums might not amount to undue pressure

Reason for reform: domestic abuse is not always viewed as relevant.

Reason for reform: a certificate of independent legal advice can make power imbalance invisible

Proposal: make nuptial agreements binding according to a refined concept of needs

How this relates to equal partnership

eight Refining Needs

Reason for reform: the purpose of needs provision is unclear

Reason for reform: the compensatory elements of needs are sometimes not understood

Reason for reform: needs in retirement are often ignored to meet immediate needs

Reason for reform: a refined definition of needs could help make nuptial agreements fairer

Proposal: make the rationale for needs explicit on the face of the statute

nine Categorizing Property

Which assets can be divided?

Reason for reform: the boundary between matrimonial and non-​matrimonial property is unclear

Reason for reform: tackling uncertainty when categorizing assets can work against the caregiving spouse

Reason for reform: separate property applies during marriage, and so the move to sharing on divorce can be significant

Proposal: co-​ownership of some property during marriage

Rethinking the Law Commission's Bill and reviving compensation

ten The Road Ahead

Four changes

Reform 1:​ Binding Nuptial Agreements

Reform 2:​ Explain Needs on the Face of the Statute

Reform 3:​ Presumed Co-​ownership of Some Property During Marriage

Reform 4:​ A New Objective

Strategically centring equal partnership

Epilogue: What About Cohabitants?

Appendix : Relationship Property Bill

A BILL TO

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Other Format:

Print version: Thompson, Sharon The Road to Equal Partnership

ISBN:

9781529225990

OCLC:

1592128585