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
