Review of divorce law

April 21, 2023

The Ministry of Justice has asked the Law Commission of England and Wales to conduct a review of the laws that determine how finances are divided on divorce or on dissolution of a civil partnership.

The review will look at financial remedy orders, which are a key part of the proceedings surrounding a divorce or dissolution and can result in the splitting of pensions, the sale and transfer of property or of maintenance being granted to an ex-spouse, an ex-civil-partner and children.  Among a list of other considerations, the Law Commission will look at the options available for pensions and the extent to which they may be overlooked when assets are being allocated between the parties.

The Law Commission is expected to produce a scoping review by September 2024, which may provide the basis for a full review and future reform of the financial remedy rules, including pension sharing on divorce.

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