Research and analysis

Matrimonial Property, Needs and Agreements

The Law Commission commenced a project in 2009 to examine the status and enforceability of marital property agreements.

Documents

Matrimonial Property, Needs and Agreements

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Matrimonial Property, Needs and Agreements (PRINT FILE)

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Detail

The Law Commission commenced a project in 2009 to examine the status and enforceability of marital property agreements. In January 2011 we opened a consultation, reviewing the current law of marital property agreements and discussing options for reform.

The project was extended in 2012 to cover two further issues of financial provision arising on divorce or the dissolution of a civil partnership.

The report sets out and explains our recommendations for reform, which would:

  • Clarify, through the provision of guidance by the Family Justice Council, the law relating to “financial needs”.
  • Investigate the possibility of whether an aid to calculation of “financial needs” could be devised.
  • Introduce “qualifying nuptial agreements”.

Related publications and all Law Commission reports, consultation papers and announcements are available on the Law Commission website.