The Law Commission, following a consultation in 2012 on marital property agreements, is seeking further input from the legal profession in relation to financial needs and non-matrimonial property following relationship breakdown.
As of 6th April 2022 divorce law has changed drastically, thanks to the Divorce, Dissolution and Separation Act 2020. No-fault divorce is now law.
Therefore, the information in this article may be outdated. Please refer to our dedicated divorce page here for the most up to date information, or call us on 01202 499255.
The Law Commission is considering a number of options but in particular:-
1. Should a spouse be entitled to support until he or she is able to attain a level of earnings and a standard of living that he or she would otherwise have achieved had certain decisions not been made during the course of the relationship
2. Financial provision for a transitional period to allow one spouse to adjust financially following relationship breakdown
3. Time limited spousal maintenance i.e, setting a statutory time limit on support available from one spouse to another in an attempt to encourage the less well-off spouse to improve education, seek employment and gain independence.
Julie-Ann Harris, Associate Solicitor and Head of the Family team, says “While some may argue that time limiting a spousal maintenance claim may be seen as unfair; certainty for each party and a more strategic approach will, in most cases, lead to a more reasonable outcome. It must not be overlooked that in certain cases this approach, is unsuitable but I would favour certainty over and above discretion.”
Furthermore, the Law Commission is to consider non matrimonial property and, in particular, what should be the definition of non-matrimonial property. Is there scope that this should not be shared? Should it be qualified that non-matrimonial property must be shared if required to meet needs? Will non-matrimonial property ever be viewed as a matrimonial asset simply by virtue of longevity or because it has been sold, replaced or increased in value during the course of the marriage?
The supplementary consultation closes in December 2012 and Julie-Ann will make representations to the Commission as to the benefits or otherwise of providing a formulaic approach in marital disputes.
For a free initial meeting please call 01202 499255 and Julie-Ann or a member of her team will be happy to discuss any questions you may have.
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