Lexis®Library update: The project will analyse the current law, determine whether there are problems and what any options for reform might be. A scoping report is due to be published in September 2024.
The Law Commission will consider orders made in England and Wales in addition to the law in other countries. The analysis of the existing law will focus on areas including:
• the discretionary powers given to judges over the division of financial assets, and whether there is a need for a clear set of principles, enshrined in law, to give more certainty to divorcing couples
• whether there should be wider powers given to the courts to make orders for children over the age of 18
• how maintenance payments for an ex-spouse or civil partner should work
• what consideration the courts should give to the behaviour of separating parties when making financial remedy orders
• orders relating to pensions and whether they are overlooked when dividing the divorcing parties’ assets
• the factors judges must consider when deciding which, if any, financial remedy orders to make
The Law Commission has published a detailed Terms of Reference document, which confirms that the review will not consider child maintenance governed by the Child Support Act 1991, financial provision for children under Schedule 1 to the Children Act 1989, applications for financial relief after an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984 or cohabitants’ rights.
Source: Financial remedies on divorce
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 4 April 2023 and is published with permission. Further information can be found at: www.lexisnexis.co.uk
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