ABSTRACT

In this chapter, the authors focus on the way in which the simulated client was able to extract similarities among solicitors in terms of the information they sought from clients, and the way that they sought it. They consider the variation among the solicitors in relation to each of the simulated clients and issue of the matrimonial home. However, this represented a highly problematical asset, as a result of the provisions of the Act. The authors present case studies of three solicitors: Robert Jackson, Rosemary Westcott, and Jennifer Aspinall. All the solicitors were aware of the need to take particular account of the status of inherited money, applied to the acquisition of the matrimonial home, but there were several strands of opinion concerning the status of the matrimonial home as matrimonial property. The view considered the matrimonial home to be entirely matrimonial property and thus there should be a presumption of an equal division of its value.