Financial remedy orders, governed by the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004, can cover the transfer of property, maintenance and the splitting of pensions.
The review, announced this month, will consider whether the current law is working effectively and delivering safe and consistent outcomes for divorcing couples.
It will cover the potential for reform in specific areas, including whether judges have too much discretion over the division of financial assets and whether there should be a clear set of principles in place instead. It will ask:
- whether courts should have wider powers to make orders for children over the age of 18;
- how maintenance payments for an ex-spouse or civil partner should work;
- how much consideration the courts should give to the behaviour of separating parties when making orders; and
- the factors judges should consider when making financial remedy decisions.
The review will also look at the treatment of pensions, and structures for making regular financial payments.
Professor Nicholas Hopkins, Law Commissioner, said: ‘Fifty years since the current law was put in place, it’s essential that we look at whether it is working effectively for all parties.
‘This is a hugely important area, affecting separating couples and their children at an incredibly stressful time of their lives. It is essential that any reform in this area is very carefully considered.’
The Law Commission aims to publish a scoping paper in September 2024.
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