Divorce law reform

family law

Family law practitioners have been asked for their views on how to reform the areas of financial provision on divorce and non-matrimonial property.  The Law Commission has launched a consultation into the extent to which one spouse should be required to meet the other’s financial needs, and what exactly is meant by ‘needs’; and what should happen to property that one of the partners owned before the relationship or acquired as a gift or inheritance during the relationship.

Professor Elizabeth Cooke, the Law Commissioner leading the project, said: “The current law creates too much potential for uncertainty and inconsistency.  “We are seeking consultees’ views on a range of short and long-term reforms, with the aim of bringing as much certainty as possible to this difficult area of law.” 
The consultation closes on 11 December and the Commission will publish its report next year with recommendations regarding marital property agreements, needs and non-matrimonial property.