In 2023, the Conservative government of the time promised a review by the Law Commission on laws relating to finances in divorce. It said it would publish a ‘scoping paper’ by September 2024, which is part of the pre-consultation process.

One of the main focuses of the review is how maintenance payments to former spouses are working at the moment and should work in the future. Plus, often-overlooked factors such pensions when family law courts are deciding whether to make financial remedy orders.

At the time, law commissioner Professor Nicholas Hopkins told the Law Society Gazette:

“The laws governing financial provision on divorce or the ending of a civil partnership should be as fair and simple as possible, minimising the risk of conflict, uncertainty or financial strain.

 “Fifty years since the current law was put in place, it’s essential that we look at whether it is working effectively for all parties. This is a hugely important area, affecting separating couples and their children at an incredibly stressful time of their lives. It is essential that any reform in this area is very carefully considered.”

The calls for reform are driven by concerns that dividing finances is causing unnecessary conflict between separating couples. It is hoped that the review can address whether current divorce laws are fair when it comes to financial arrangements.

An update for 2024 – the Law Commission reveals its findings

 The Law Commission did indeed carry out its review, and the findings were published on 18^th December 2024.

The report spanned a whopping 373 pages, but its conclusion was clear – the current laws on financial remedy orders aren’t working effectively, and aren’t delivering fair and consistent outcomes for couples going through divorce.

It stated:

“The [act] does not reflect the significant developments to financial remedies law arising out of judicial decisions. Combined with the wide-ranging discretion contained in the current law, this means that it is not possible for an individual going through divorce to understand, by reading the statute, how their case will be decided. The law lacks certainty, and accessibility to an extent that it could be argued to be inconsistent with the rule of law,”

The Law Commission is also understood to have given the current Labour government four potential models for reform.

The report also addressed other parts of UK divorce law which may need reform, including:

• Prenuptial agreements
• Spousal maintenance
• Conduct
• Pensions

Unfortunately, though, reforms to current divorce laws aren’t likely to happen until 2026 at the very earliest.

If you need expert legal advice on dividing assets, financial settlements or any other aspect of divorce, we can help. Get in touch with Liverpool divorce lawyer Tracey Miller Family Law to arrange a free initial consultation. Call us on 0151 515 3036 or 07795 060 211.