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Contact Joanna Grandfield: joanna.grandfield@mills-reeve.com
In this episode, I’m joined by Joanna Grandfield, a leading financial and children lawyer and Head of Mills & Reeve’s London family team. Joanna is not only a trained barrister but also a skilled mediator and collaborative lawyer, working with clients on complex financial and child-related issues following separation. We’re diving into a key concept in English family law: how the courts balance needs versus fairness when dividing matrimonial assets. Under Section 25 of the Matrimonial Causes Act 1973, judges are given wide discretion to achieve a fair and just outcome – but what does that actually look like in practice?
Here’s what we cover:
🔹 What Section 25 really means and how it guides financial settlements
🔹 What ‘needs’ actually refer to in a divorce context
🔹 The sharing principle and the role of fairness
🔹 How courts weigh up needs, fairness, and other key factors
🔹 What happens when there are surplus assets – is it still about needs?
🔹 Judicial discretion and how recent case law is influencing outcomes
🔹 What judges look for before approving a financial settlement order If you’re going through a divorce or advising someone who is, this episode offers practical insight into the legal balancing act that happens behind the scenes.
🎧 Hit play and let’s demystify how English family law approaches financial division after separation.