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Law Commission Propose ‘Fundamental’ Changes to UK Divorce Law

Current divorce laws concerning the division of matrimonial property are in need of reform according to the Law Commission. The commission have claimed, via a consultation paper published earlier today, that current laws are unclear and that judges require more specific instructions; the authors going as far as to liken judges to bus drivers who have been told to drive but not their location or the reason for their journey. The paper discusses the fact that courts currently concern themselves with the parties’ needs, appropriate levels of compensation and sharing due to an absence of legislative conditions, arguing that it must be determined precisely what judges should be considering when ruling on how to divide familial assets during divorce. Authors claimed that awards should seek to encourage independence, recommending that all awards should be designed to assist the lesser earning parties’ by providing them with the resources required to navigate the transitional period that follows separation. It was further claimed that whilst awards that see one party supported for life may discourage the beneficiary from seeking out means of independent living, the possibility of England and Wales emulating Scotland – were all support is provided for three years only – was discarded, however. The ultimate goal of these consultations, which will run until the 11th December, is to provide individuals with a framework to determine their own agreements and avoid court, the paper claimed.

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