The Law Commission of England and Wales has officially launched its review of the laws which determine how finances are divided among couples after divorce or the dissolution of a civil partnership.

Commissioned by the Ministry of Justice (MoJ), the new law reform project will consider the use of financial remedy orders, governed by the Matrimonial Causes Act 1973 and mirrored in the Civil Partnership Act 2004. Half a century after the passage of the 1973 Act, the Government has asked the Law Commission to review whether the current law is working effectively, and delivering fair and consistent outcomes for divorcing couples.

In its review, the Commission will carry out a detailed analysis of the current laws on financial remedies, to determine whether there are problems with the current framework which require law reform, and what the options for reform might look like.

The Law Commission’s work will consider the financial orders made by courts in England and Wales, as well as the law in other countries. It will conclude by publishing a scoping report in September 2024, which could provide the basis for a full review and future financial remedies reform.

As part of its analysis of existing law, the Law Commission will consider whether there is potential for reform in specific areas such as:

• The discretionary powers given to judges over the division of financial assets, and whether there is a need for a clear set of principles, enshrined in law, to give more certainty to divorcing couples.
• Whether there should be wider powers given to the courts to make orders for children over the age of eighteen.
• How maintenance payments for an ex-spouse or civil partner should work.
• What consideration the courts should give to the behaviour of separating parties when making financial remedy orders.
• Orders relating to pensions and whether they are overlooked when dividing the divorcing parties’ assets.
• The structure of the system for making regular financial payments from one person to another after divorce.
• The factors judges must consider when deciding which, if any, financial remedy orders to make.

You can read more about the consultation here: Financial remedies on divorce – Law Commission

Author Name: Editor

Published content by The Divorce Surgery Editorial Team.

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