Matrimonial Property, Needs and Agreements

Open date: 11 September 2012

Close date: 11 December 2012

A Supplementary Consultation Paper

This consultation is open to specialists and the general public.

Following our 2011 consultation on marital property agreements (“pre-nups”), we have opened a supplementary consultation on needs and non-matrimonial property.

The review is looking at two specific aspects of the law relating to financial provision on divorce:

  • to what extent one spouse should be required to meet the other’s financial needs, and what exactly is meant by needs; and
  • what happens to property that one of the partners owned before the relationship or acquired during the course of it.

Consultees may also like to listen to a 25-minute podcast of Professor Cooke, the Law Commissioner responsible for this area of law reform, discussing some of the issues raised by the paper. The Bar Council has accredited this podcast and accompanying questionnaire with 0.5 CPD.  Barristers wishing to claim CPD should follow the instructions in the questionnaire.

Hear Professor Cooke discuss some of the issues raised by the paper (MP3) (to download this file please right click and select 'save target as')

Finally, the Commission has produced three separate summaries: a shorter executive summary, a comprehensive summary, and a more technical summary for lawyers.

We are very keen to hear from as many consultees as possible. Some consultees may prefer to respond to our consultation questions by completing a template for responses.

Professor Cooke has discussed the supplementary consultation paper at a number of venues, including the Institute of Advanced Legal Studies (5 November), Leeds University (8 November), Cardiff Museum (12 November) and Inner Temple (3 December).  We were delighted that Professor Carol Rogerson was able to present her work on the Canadian law of spousal support at the Inner Temple event.
This consultation relates to our Matrimonial Property, Needs and Agreements project.

Reference Number: LCCP208

Sign up for
Law Commission
consultation updates

Enter email address:

Also gives you access to other government law-related updates.