Research briefing on financial settlements on divorce by Dr Emma Hitchings

Press release issued: 19 June 2018

The Law School’s Dr Emma Hitchings and Joanna Miles (University of Cambridge) recently published a briefing paper outlining key findings from their research on financial settlements in divorce cases. The briefing focuses on the current debate over 'meal ticket for life' divorces and provides evidence to refute widespread anecdotal claims of women as lifelong 'alimony drones'.

Funded by the Nuffield Foundation, the research project addresses significant evidence-gaps regarding financial settlements law and practice as identified by the Family Justice Review in 2011, with the aim of informing future reform and policy developments for the benefit of families.

‘Financial remedies on divorce: the need for evidence-based reform’ by Emma Hitchings and Joanna Miles reports findings from a mixed methods study of financial settlements on divorce, analysing the characteristics of cases and settlements or orders resolved at different stages.

The research turns away from high profile cases, seeking to create a more balanced picture:

“The need for empirical data in ‘everyday’ cases is particularly necessary given the magnetic pull of the ‘big money’ cases that typically fill the law reports and media reporting in this arena, which between them may generate a rather distorted image of what this area of law means for ordinary families.”

A key finding from the study highlights that immediate clean breaks between divorcing couples are prevalent (84% of cases in the court file survey); despite media attention garnered by ‘meal ticket for life’ awards, spousal support orders in the study were unusual and tended to be limited to cases involving families with dependent children.

The briefing illustrates the gendered nature of economic disparity resulting from divorce and critically questions proposed reforms of the law of financial remedies calling for a curtailing of support. It argues that until society achieves greater socio-economic equality, "as forty years ago, the greater problem may not be over-generosity to ex-wives, but the enduring, disproportionate economic impact of divorce on women.”

On 4 June 2018 Emma and Joanna presented their research at a round-table meeting at the House of Lords, chaired by Lord Marks QC. A Committee of the Whole House will consider the Divorce (Financial Provision) Bill which aims to limit spousal periodical payments.

The briefing is based on a longer paper to be published in July 2018 in a special issue of the Australian Journal of Family Law (2018) vol 31(2), examining various facets of Anglo-Australian financial remedies law, as well as a short article appearing in Family Law in August 2018. A further long article will also be forthcoming and will explore the issue of geographical variation in orders in greater depth.

Further information

Dr Emma Hitchings is a Senior Lecturer and the School’s Director of Undergraduate Studies. Her main research and teaching interests lie in the field of family law and family justice.

Between 2007-2017, Emma was the academic member on the Family Law Committee of the Law Society of England and Wales and between 2010-2014 she was an invited member of the Law Commission’s Advisory Board for marital property agreements. In January 2018, she was appointed as the joint editor of the Journal of Social Welfare and Family Law.

Emma has led, and been involved with, a number of research grants awarded by the Nuffield Foundation, the Law Commission, the Ministry of Justice and the Bar Council.