Expanding the pot

Divorce lawyers could increase the value of a matrimonial pot by challenging an ‘unfair’ credit agreement, says David Bowden

22 Jan 2020

None of the five facts under the Matrimonial Causes Act 1973 (MCA) on which a party can rely when petitioning for divorce expressly mentions money.

However, problems with managing money often lie at the heart of relationship breakdown and underpin an unreasonable behaviour petition.

Where one party has overspent or borrowed heavily, there may not be much if anything left for the court to divide up when making a financial order or property adjustment order.

In 2006, the courts were granted powers to reopen most types of consumer lending transaction.

Surprisingly, given their wide scope we have seen little use made of these powers by the family courts. So what does this means in the divorce context; and how could a ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content

Single User

  • - 10 issues a year delivered to you
  • - Digital edition of the magazine
  • - Access to premium content
  • - Access to the SJ Archives
  • - Weekly email newsletter
  • - Access to the SJ community online
  • - Advanced search feature
  • - Online support
  • - Access to SJ app- coming soon!
  • - 6 special focuses per year
  • - Special offers on SJ and IICJ events

Corporate User

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on george.miller@solicitorsjournal.com.