By Julia Cameron • 20 March 2023 • 14:57
Photo by alcrll-ss Shuuterstock
Justice Minister Lord Bellamy is to ask the Law Commission to look into the 1973 Matrimonial Causes Act to see if it could be updated. The Matrimonial Causes Act is the one which decides how financial assets are split after a divorce.
The law has become increasingly unpopular as spouses are often forced into costly legal battles because the legislation is unclear on how wealth should be divided. Many problems arise due to the English legal system dividing wealth equally between partners even when one earns more than the other.
London has become popular with ex-wives who want a generous deal as regional variations mean London is giving higher awards. Changes in the way couples earn have changed in the last 50 years with many women becoming financially independent and both couples working.
Some professionals also want to see Pre-nuptial agreements given a stronger foothold in law. Currently, Prenups are legally binding but there are various conditions, and the law can refuse to uphold agreements that are considered unfair.
Baroness Deech who is a crossbench peer in the House of Lords said that “there can be no doubt that the state of the current law is unacceptable.”
One of her points was that lower-income families in many cases had to represent themselves since legal aid is no longer an option for them.
It is hoped that divorce bills in the future could be reduced for the majority of couples enabling the process to go forward without the large legal fees which are charged at present.
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Julia is an ex-pat writer from Brighton living in a small village close to the Andalucian town of Priego de Cordoba. When she's not working she enjoys reading, tracing her ancestry and swimming. She especially loves the summer when she can get down to the coast and chill on the beach.
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