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31 October 2012 / Catherine Vine
Issue: 7536 / Categories: Features , Family
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A new direction?

Catherine Vine plots the Law Commission’s plan for matrimonial property, needs & agreements

Judges sitting in financial provision on divorce cases have been likened to bus drivers who lack information about where they are going. In such cases, all a judge is told is that “the driver is required to drive to a reasonable destination”. That lack of direction may be disconcerting to the bus driver, but it is no doubt terrifying for the “passenger” clients who embark on financial provision cases with no real understanding of how much they might have to pay to a former spouse and for how long.

Three elements of reform

The Law Commission is currently conducting a law reform project on matrimonial property, needs and agreements, the outcome of which, we hope, will assist bus drivers and passengers alike. The project has three distinct elements:

  • Marital property agreements (“pre-nups”)—agreements which seek to settle the financial outcome of divorce or the dissolution of civil partnership in advance.
  • The law relating to financial needs on divorce and dissolution.
  • The
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Freeths—Heather Gibson

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Excello Law—Hestia Private Client

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
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