Matrimonial finance law: Law Commission to review to what extent one party should meet the other’s needs and what should be the treatment of “non-matrimonial property”

The Law Commission is to review two aspects of matrimonial finance law that entitles married couples and civil partners to claim financial provision from one another on divorce or dissolution of their civil partnership.

The Law Commission will examine the extent to which one party should be required to meet the other’s needs after the relationship has ended. It will also consider how what is known as “non-matrimonial property” should be treated on divorce or dissolution. Non matrimonial property refers to assets acquired by either party before the marriage or civil partnership, or received by gift or inheritance.

The Commission will not, however, be conducting a full-scale review of the matrimonial finance law.  The aim of the review is to provide clarification and more certainty on those two areas law which have been the subject of extensive case law.

The Law commission will publish a consultation paper dealing with these issues later this year and a final report during 2013.

If you would like further advice in connection with the matters raised in this article then please contact Miss Vincent in our family department on 01926 422 101.