Where are we with capital settlements, asks Marc Saunderson
As family lawyers, we are by our very nature and essence positional. Those of us who are collaboratively trained, or mediators, are learning a new skill-set, but we have an innate need to be right in terms of predicting the likely outcomes in any given case. Perhaps, because it is easier for our clients to understand, or for us to remember, we often give that advice in terms of percentages.
In my experience, four figures stand out: 33%, 40%, 50% and 60%. In 99% of all cases, this is likely to be the outcome for one or other of the parties. But can this be right? Can we simply adopt a percentage approach which is so frowned upon by the higher courts?
If confronted with a wife after a 30-year marriage, with four adult children, where there had been some inheritance in the past, how many of us would do anything other than say that over that length of time it matters not and the assets are to be divided equally? If only the law
