header-logo header-logo

26 October 2012 / Edward Heaton , Anna Heenan
Issue: 7535 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

Is change ahead?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll