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The Ministry of Justice has published a paper to update the public on three key recommendations for family law reforms.
This follows the Law Commission’s proposals in relation to:
1. Marriage Law
The previous government considered whether there was merit in changing the law to allow non-religious belief organisations to conduct legal marriages.
The MOJ asked the Law Commission to review the law on marriage ceremonies and the government are now considering the report.
2. Matrimonial property, needs and agreements
The Law commission published a report on Matrimonial property, needs, and Agreements in February 2014, recommending (a) that the law in relation to financial needs be clarified, (b) that an online aid be uploaded to assist in the calculation of spousal maintenance, and (c) that pre-nuptial agreements should carry more weight rather than simply being of persuasive value as they are in England and Wales at present.
The government is said to be taking action in relation to points (a) and (b), however it is still considering the issue of nuptial agreements.
3. Property rights for cohabitees
The Law Commission published its report on the financial consequences of cohabitation in 2007, recommending the creation of a statutory scheme giving rights to cohabitees.
Ten years after the original Law Commission report, the MOJ have confirmed that the government is still considering these proposals.
Andrew Barton is a partner in the family team in Exeter and a Resolution Accredited Specialist in complicated financial matters arising from divorce. He regularly advises clients on divorce and financial matters. If you would like to contact Andrew, then please call 01392 210700 or email family.exeter@stephens-scow