English Law Commission Report on Matrimonial Property

The English Law Commission has released its final report on Matrimonial Property, Needs and Agreements that examined the financial aspects of divorce and the dissolution of "civil partnerships":

"This report recommends that the Family Justice Council produce authoritative guidance on financial needs. The guidance would explain that, when determining a settlement, a judge aims to enable both parties to make a transition to independence. This would enable couples to reach an agreement that recognises their financial responsibilities to each other, and reflects what the law says on how this should be done. Guidance would also help to reinforce consistency to how the law is applied in the courts, increasing public confidence in this area of the law."

"Some jurisdictions have gone beyond explanation and verbal clarification, producing formulae that generate guideline amounts for payment from one former spouse to another. This report recommends that work be done with a view to assessing whether such an aid to reaching financial settlements could be devised."

The report also recommends legislation that would make pre-nuptial and post-nuptial agreements enforceable.