law commission reviews 50 year old laws

Law Commission review

14th April 2023

The Law Commission has launched a review of the laws that determine how finances are divided between couples in divorce or the dissolution of a civil partnership.

It will look at whether the current law is working effectively, and is delivering fair and consistent outcomes. It will conclude by publishing a report in September 2024.

As part of its analysis of existing law, the Law Commission will consider whether there is potential for reform in specific areas such as:

  • 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 couple going through divorce or dissolving a civil partnership.
  • Whether there should be wider powers given to the courts to make orders for children over the age of eighteen.
  • 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 structure of the system for making regular financial payments from one person to another after divorce.
  • The factors judges must consider when deciding which, if any, financial remedy orders to make.

The findings could lead to the reform of the existing law relating to financial settlements on divorce and dissolution of civil partnerships.

The laws of England and Wales are ever changing, and it is important to know the correct current law by taking professional legal advice.

If you need any help or advice in connection with the ending of a relationship, call 01892 824577 to speak to our Family Department.

More information on our Family Law services can be found here.

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