family assets should be divided equally on divorce
Post on 23-Feb-2016
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DESCRIPTIONFamily Assets should be divided equally on divorce. Angharad, Charlotte, Lauren and Lucy. Equality. Equality = equality of outcome and equality of opportunity. - PowerPoint PPT Presentation
Family Assets should be divided equally on divorce.
Family Assets should be divided equally on divorce.Angharad, Charlotte, Lauren and Lucy.EqualityEquality = equality of outcome and equality of opportunity.
Lord Nicholls [in marriage] the parties commit themselves to sharing their lives. They live and work together. When their partnership ends each is entitled to an equal share of the assets of the partnership, unless there is good reason to the contrary. Fairness requires no less.Not Discriminatory against one partyScottish system for financial settlement on divorce, discriminatory to women who had chosen motherhood over a career.Preconception that women are housekeepers and men are the bread winners now this is not the case.Effect on SocietyLower divorce rates, people think more carefully about getting married in the first place.People happier in their own homes = positive effect on the workplace, school etc.More responsibility for actions, eradicates nanny culture of suing.Neither spouse is disadvantaged as they have equal lifestyles = equality of opportunity.Social norms of traditional conjugal roles are not confined to one spouse. Effect on StatePositive effect on the economy.Less people on benefits.Need?Concept of need is inevitable subjective.Do you NEED that new sofa? Or that holiday to Spain?Encourages gold diggers?Both parties equally enter into a marriage contract. On marriage the spouses promise to support each other for the rest of their lives.
Affect on Children
Fatherless families.Equality of households is not just financial but emotional = requires integration of the parent with support for the child.MediationBetter results if parties reach decisions themselves.Emotional and psychological issues.Cheaper than lawyers fees.
Minimising Court time/costsWidespread perception that divorce causes financial ruin for the wealthy spouse.Typical divorce can run up to 28,000 in fees Norwich Union.
Effect of IndividualSocial stigma.New family commitments?
Pre-NupsCan work in conjunction with splitting assets equally.Now legally binding Katrin Radmacher German Heiress.Means people can take responsibility for their actions e.g. Paul McCartney.Confusion over the lawClarity of the law avoids lengthy litigation and negotiation.
Less hostilityWhite v WhiteMiller v MillerVindictive nature of divorce wont be thrown around the courtroom.
Serious about marriageKnowledge of what you are getting into before marriage.Certainty of outcome know that assets will be split equally could potentially lead to less divorces?Secular change in society? More about financial security less about religion.ConcludeReform?
We believe in an equality of outcome and equality of opportunity. No one party should be disadvantaged by divorce and as such on marriage breakdown there should be equal distribution of assets.