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26 October 2012 / Edward Heaton , Anna Heenan
Issue: 7535 / Categories: Features , Divorce , Family , Ancillary relief
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Is change ahead?

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Ed Heaton & Anna Heenan consider the Law Commission’s consultation on matrimonial property, needs & agreements

On 11 September 2012, the Law Commission published a consultation paper on Matrimonial Property, Needs and Agreements. This supplements the Commission’s 2011 consultation on marital property agreements (often known as pre- and post-nups).

The consultation paper requests the views of the public and practitioners alike on two fundamental issues relating to the law of finances on divorce and the dissolution of a civil partnership (although, for ease of reference, this article will only refer to divorce going forward). The issues are as follows:

  • The law relating to financial needs on divorce (and, in particular, the extent of an individual’s ongoing obligation to support their former spouse and the level of that support); and
  • The legal status of “non-matrimonial property” (and, specifically, what constitutes non-matrimonial property and the extent to which such property should be treated separately from property which is the product of the marriage).

Since the consultation paper raises complex issues and

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