Divorce settlements would be worked out according to a
mathematical formula which would divide up a couple’s assets depending on
income and how long they have been married, a major review has suggested, as
reported in The Telegraph.
Couples
could calculate how much money they would receive in a settlement under the
proposals by the Law Commission to clarify the “uncertain and inconsistent”
law.
This
would encourage couples to work out settlements between themselves rather than
going through the time-consuming and costly process of going to court.
In
a further attempt to lower costs and keep cases out of the courts, new guidance
could be provided online so that couples can work out their assets and their
needs.
Another
change being considered by the Law Commission, which recommends legal changes
to Government, is that family homes should be left out of divorce settlements
if they were inherited or acquired before marriage.
A
consultation by the Law Commission, which will lead to a report to ministers in
2013 but which would require more work before it could trigger a draft Bill,
says that presently spouses who split up cannot predict what support they would
receive, or have to pay, and the situation will worsen as legal aid is removed
from family cases.
If
any changes were made, they would not come into effect for quite a few years
Full
story here.
