13 JAN 2017

MOJ publishes report on implementation of Law Commission proposals

Journals Manager + Online Editor

@matthia5mueller

MOJ publishes report on implementation of Law Commission proposals
The Ministry of Justice has today (13 January 2017) published their 2015-2016 Report on the implementation of Law Commission proposals.

The report sets out implementation progress over the period 12 January 2015 to 11 January 2016. During this year a number of Law Commission projects have been implemented, both those commissioned as part of their agreed reform programmes and those undertaken as additional referrals.

Of particular interest to family lawyers are the proposals that have not yet been implemented and are awaiting government decision:

Marriage law

'40. The previous Government consulted on whether the law should be changed to allow non-religious belief organisations, including humanists, to conduct legal marriages.They concluded that there were broader implications for marriage law and asked the Law Commission whether it would conduct a review of the law on marriage ceremonies. The Law Commission undertook a preliminary scoping study and reported in December. The Government is carefully considering the report and will respond in due course.'

Matrimonial Property, Needs and Agreements

'48. The Law Commission published its final report on Matrimonial Property, Needs and Agreements in February 2014. The report makes recommendations to clarify the law of financial needs on divorce or dissolution of a civil partnership which would ensure that the law is applied consistently by the courts and reinforces judicial best practice. In addition, it investigates whether an aid to calculation of spousal support could be devised. Finally, it recommends the introduction of qualifying nuptial agreements in England and Wales which would be enforceable contracts, with a number of related provisions and safeguards, enabling couples to make binding arrangements for the financial consequences of divorce or dissolution.

49. The Government has accepted and taken action on the two main proposals in the report which do not require legislative reform. First, the Family Justice Council has developed and recently introduced financial guidance for separating couples and unrepresented litigants. Second, the Ministry of Justice is working to develop an online tool supported by formulae to assist separating couples and help provide confidence in making private financial arrangements on divorce. Officials will work with practitioners to develop and refine this tool, which will be part of wider work to support and incentivise separating and separated couples to make their own arrangements wherever possible.

50. The government is considering the Law Commission’s recommendation on qualifying nuptial agreements as part of a wider consideration of private family law reforms and will respond in due course.'

Property Rights for Cohabitants

'56. The Law Commission published its report Cohabitation: the Financial Consequences of Relationship Breakdown in July 2007. This report recommended the creation of a statutory scheme giving property rights to qualifying cohabiting partners against each other on relationship breakdown. The Law Commission's report Intestacy and Family Provision Claims on Death, published in December 2011, also included recommendations relating to cohabiting partners. In particular, that report recommended giving qualifying cohabitants the same entitlement as a spouse or civil partner on intestacy and giving cohabiting partners more rights under the Inheritance(Provision for Family and Dependants) Act 1975.

57. The Coalition Government announced in September 2011 that it did not intend to take forward the recommendations in the Law Commission's 2007 report in the current Parliament (2010-2015) because of major reforms already planned for the family justice system. In March 2013, the Coalition made a similar announcement regarding the cohabitation related recommendations in the 2011 report. The Government is still considering the proposals.'

The full report Report on the implementation of Law Commission proposals is available to download here.
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