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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
Every so often, a family court judge concludes that it is appropriate in a particular case for a financial settlement upon divorce to reflect an element of compensation to one party for what is termed "relationship-generated disadvantage". The disadvantage in question is generally the fact that they have given up a lucrative career during the marriage and in doing so lost the ability to return to such a career upon divorce.
The Law Commission has begun its review of the Matrimonial Causes Act 1973, legislation that determines how finances are divided between separating spouses on divorce. This follows calls to reform the law from Baronesses Deech and Shackleton and, according to Lord Bellamy, a justice minister, aims to build on the no-fault divorce regime in mitigating conflict around divorce.
If I was getting divorced, how would I like to do it (assuming that decision was in my control)? I would choose collaborative law. It puts children at the centre and allows you to focus on how you would like to co-parent in the future. It allows you to spend your money on finding a solution rather than arguments and it ensures that those solutions are focused on what you really care about.
I have just finished my collaborative training and want more people to know about this way of resolving things following a separation. I have set out more details below and hope you will read on in case you, or those you care about, have to consider the best way to separate in the future.
Over the years of family law practice, a question we frequently hear from clients is whether a prenup is worthwhile; is there any point in having one, would it have made a difference to my divorce? The recent case of HD v WB [2023] EWFC 2 allows us to answer this question with a resounding “yes”. This case gives us further judicial guidance on the relevance of a pre-nuptial agreement (“PNA”) in this jurisdiction and the weight, if any, that should be given to it in any subsequent financial proceedings on divorce.
As an area of the law that features heavily in popular culture and the media (think “The Split”, “A Marriage Story”, “The Parent Trap” etc), divorce and family law is complex, dynamic, and often misrepresented and misunderstood.
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