The Law Commission has today reported that Judges in divorce cases should obtain a clearer idea of a couple’s financial aims and this includes any requirements for divorce mortgages.
The Law Commission has today reported that Judges in divorce cases should obtain a clearer idea of a couple’s financial aims and this includes any requirements for divorce mortgages.
It reported that greater clarity is needed in order to alleviate some of the misery suffered by the parties. Current family law legislation may be revised to define the objectives of ancillary relief settlements and a public consultation is currently underway.
According to BBC News the commission believes there is significant confusion regarding divorcing spouses and whether they are being compensated for the sacrifices undertaken in a relationship or whether they are being encouraged to separate with a degree of independence.
It is not clear how family solicitors and the parties are presenting each case. With 200 times as many couples now divorcing than they did a century ago, the Commission feels there needs to be a rational formula to obtain an objective settlement, such as those which operate in Canada.
In Scotland, there is a strong preference to refuse financial support which last more than 3 years.
Relate, the relationship counselling charity, commented that any measures aimed at improving the process and making it less painful was worthy of consideration, but believes that the most bitter disputes usually have escalated well before the initiation of Court proceedings and that people should seek help before they end up in court.
A major issue for the Law Commission to report next year is to decide is what should happen to happen to property owned by a property before the relationship commenced.
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