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Emma Hitchings, Professor of Family Law, University of Bristol

Four myths about the financial side of divorce

News headlines tell you little about the realities of divorce for most couples Prostock-studio/Shutterstock

It’s no wonder many people think divorce involves going to court, huge legal fees and decades of spousal payments, considering these are the cases that dominate our headlines. However, the kinds of divorce cases reported in the news involve the very rich, and are far removed from the reality for most couples.

The Law Commission of England and Wales, the body responsible for law reform, recently announced a review of the law of finances on divorce, with a scoping report due in September 2024. Review of this law is much needed, given the legislation governing how couples in England and Wales sort out their financial affairs upon marriage breakdown mainly dates back to the 1970s (the Matrimonial Causes Act 1973).

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