The Law Commission proposals: A wasted opportunity, passing the reform buck and continued unpredictability for future settlements?

The English Law Commission has today (27 February 2014) published its long awaited final report and proposed draft legislation on its government prompted consultation on 'Matrimonial Property Needs and Agreements'. 

While it has the expected recommendation of binding marital agreements overtaken in part by the Supreme Court in Radmacher and forecast in its first report in 2011 the failure to make specific recommendations for Parliamentary law reform in the other two areas is highly disappointing frustrating and a wasted opportunity.  These areas are:

• when should non-marital assets be treated as marital and equally shared; and
• how to define or at least better understand what are appropriate financial needs. 

Much family law finance litigation concerns one or both areas.  Many family lawyers were eagerly looking forward to the Law Commission recommendations.  In both we...

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