Supreme Court rules that claims for financial provision end with the death of a spouse

June 29, 2023
Supreme Court

Partner Deborah Jeff comments on the Supreme Court's judgment that a claim for financial provision ends with the death of a spouse.

"Today’s judgment is disappointing for former spouses. The least appropriate outcome for both parties is for the costs already invested in matrimonial litigation to be thrown away and fresh proceedings needing to be commenced against the estate.

"At a time when the family and civil courts are already beyond their maximum capacity and there is heightened criticism of legal costs of litigation, this decision exacerbates those very real challenges.

"The reality will be a prolonged process, and therefore greater financial and emotional costs for both parties. Only the lawyers will win from this decision, not the families living the outcome of it".

Deborah's comments were published in Today's Family Lawyer and New Law Journal, 28 June 2023.

Deborah JeffDeborah Jeff
Deborah Jeff
Deborah Jeff

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