Prescribed schedules for matrimonial property settlements.

Abstract

A marriage is a parntership between two persons. For the relationship to work, it requires equal and co-operative efforts of the spouses. However, when a marriage breaks down, the Court will step in to order the division of the matrimonial assets. Division of matrimonial assets is becoming a more important issue in countries all over the world as many revisions to the legislation are being considered in several jurisdictions and these changes are becoming noticed or recognized in other jurisdictions. However, it seems that the Courts and lawmakers are somewhat at a loss in designing rules or guidelines that are consistent, predictable, fair, transparent, and at least a modicum of efficiency. Academic writings have also not been very helpful as they are able only to define whhat the rules are and some of their consequences, but generally less good devising pratical means bringing together various objectives in ways that can be used as a basis for designing rules and deciding specific cases.