In March 2023, Lord Bellamy, a government justice minister, announced that he had asked the Law Commission to examine whether the Matrimonial Causes Act 1973 (MCA 1973) needed updating. The main complaint was about asset-splitting and the wide discretion afforded to the courts when making such awards, which can cause uncertainty. On 4 April, the Law Commission announced a review of the law governing financial remedies on divorce and dissolution. It will consider whether the current law works effectively and delivers ‘fair and consistent’ outcomes for separating couples.
I propose joining the long queue of legal commentators at the door of the Law Commission, but my suggestion is rather niche and covers an area which ought to be obvious but is often overlooked—maintenance. Before there is a collective groan, may I make it clear that there is one particular aspect of maintenance that bothers me.
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