Irwin Mitchell's Response to the Law Commission Consultation on Matrimonial Property, Needs and Agreements

On the 11 September 2012 the Law Commission launched a supplemental consultation paper entitled Matrimonial Property Needs and Agreements. The consultation which closed on 11 December 2012 sought views on whether the law relating to needs and non-matrimonial property should be reformed. Below is Irwin Mitchell Solicitors' response.

PRINCIPLED REFORM

LAW COMMISSION QUESTION 7.2:
Do consultees agree with our central argument that the current law requires reform to ensure that the payment of spousal support is founded on a principled basis that explains what has to be paid by way of spousal support and for how long?

IRWIN MITCHELL'S RESPONSE:
Yes. However the theoretical justifications for spousal support proposed by the Law Commission in the Supplemental Consultation Paper ("SCP") are either inadequate or do not tell us how spousal support should be calculated or for how long (see answer to question below).

LAW COMMISSION QUESTION 7.3:
Should spousal support:

(1) be restricted to the compensation of loss caused by the relationship; or

(2) seek to unravel the "merger over time" by redressing the...

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