Is there a need to limit needs in financial remedy cases?

Thompson, Sharon ORCID: https://orcid.org/0000-0002-2569-856X 2024. Is there a need to limit needs in financial remedy cases? Child and Family Law Quarterly Item availability restricted.

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Abstract

This article asks whether the concept of needs should be interpreted restrictively in cases involving substantial wealth. This would mean rowing back on established common law principles that permit the scope of needs to be evaluated depending on the specific circumstances of the divorcing parties. It takes as a starting point Mostyn J’s assertion in Augousti v Matharu [2023] EWHC 1900 (Fam) – that it is not easy to identify the ethical and logical basis for generous needs-based awards – to consider four major consequences of restricting the scope of needs in big money cases. It then explores whether despite these consequences reform is still required. It concludes by proposing possibilities for statutory reform that aim to shift focus away from questioning the scope of needs to look instead to alternative ways of making of financial remedies law more accessible and logical.

Item Type:	Article
Date Type:	Published Online
Status:	In Press
Schools:	Law Cardiff Law & Politics
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Jordan Publishing
ISSN:	1358-8184
Date of First Compliant Deposit:	30 May 2024
Date of Acceptance:	30 April 2024
Last Modified:	09 Nov 2024 22:00
URI:	https://orca.cardiff.ac.uk/id/eprint/168835

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