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Family Law

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02 JAN 2007

Financial Provision: A Formula will do Nicely, Sir

David Hodson English and Australian solicitor and mediator and Deputy District Judge, Principal Registry of the Family Division. This discussion article proposes formulae for calculating capital and spousal maintenance post Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 1 FLR 1186. It seeks not to replace or reform the law, but to help some couples and lawyers make better progress to a settlement and provide more certainty and predictability. The formulae are relatively easy to operate and can be adapted to internet-based resources.

As the dust settles on the 6-month-old Miller, the author says that practitioners realise that what they thought in May 2006 was correct that the judgment gave helpful clarification on some issues, utter confusion on other areas and greater difficulty in settling cases. See January [2007] Fam Law for the full article.

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