Desperately seeking certainty. And fairness. And equality. And … The Divorce (Financial Provision) Bill

Having had its first reading on 9 June 2014 the Divorce (Financial Provision) Bill is due back in the House of Lords today Friday 27 June 2014 for its second reading and general debate. The private member’s bill put forward by Baroness Deech seeks to reform the law relating to financial provision on divorce amending the Matrimonial Causes Act 1973.

The stated aim of the Bill is to make financial settlements on divorce 'simpler more certain and democratic'. It is certainly succinct. In just 5 pages it seeks to set out how the courts should deal with pre and post nuptial agreements division of capital on divorce and payment of spousal maintenance.

As the Law Commission pointed out in its recent report on needs matrimonial property and agreements for a litigant in person (and for many lawyers) the law in this area is complex and vague. Judicial discretion to achieve a fair outcome taking into account the s 25 factors plus judicial creations such as sharing and compensation combine to make it difficult to predict the result – so...

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