Our Blogs

A bill proposing changes to the laws that govern the manner in which assets are divided during a divorce has recently passed its second hearing in the House of Lords according to reports. The Divorce (Financial Provisions) Bill received its second reading on the 27th June, with a number of peers having spoken in support of the changes it proposes+. The bill has been designed to simplify the process of dividing assets in the event of a couple divorcing by making the process 'simpler, more certain and democratic'. Baroness Deech, who introduced the bill to the house in February, has previously criticised the laws that currently govern financial provision on divorce claiming that they persuade less affluent spouses to rely on their partners for financial assistance following separation. It has been proposed as part of the bill that any order for periodical payments from one spouse to the other be limited to a maximum of three years and should also only be awarded in the event of a lump sum being insufficient to allow the receiving party to commence an independent life without suffering hardship. Prenuptial and postnuptial agreements would also become legally binding, provided both parties had sought legal advice before agreeing to the relevant caveats, in the event of the bill being passed. It is also hoped that simplifying such laws will make it easier for self represented litigants to negotiate their own agreements following the withdrawal of legal aid.