Hayley Trim's Analysis: The Law Commission's report on Matrimonial Property, Needs and Agreements

The Law Commission's report on Matrimonial Property Needs and Agreements contains some bold recommendations for reform.

While the headlines are bound to focus on the proposal for ‘qualifying' marital agreements (pre- and post-nups) to be contractually binding and the criteria for such an agreement to ‘qualify' the recommendations concerning needs are perhaps of more significance in light of the number of couples they are bound to affect.

Needs are currently assessed in the light of all the circumstances of the case and the discretion of the judge is broad. The Law Commission accepts what practitioners have known for many years: there is considerable regional variation as to what award will be made (London having a reputation for being particularly generous to wives a joint lives order being much more likely in the PRFD). The Commission supports the current stated objective of the court...

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