Law Commission Report

The purpose of the Law Commission is to review the law in England and Wales and where they consider necessary, to recommend reform to the current law.

On December 17th 2024, they produced a scoping report, “Financial remedies on divorce and dissolution”. The report finds that the current law creates uncertainty and can increase disputes and conflict between separating people. The Law Commission have provided four models for possible reform of the current law for the government to consider.

It is important to note that although the Law Commission has been critical of the current law, it is still law and there is no agreement from the government at this stage that reform of the law should take place. It is important for anyone considering applying to the court for a final Financial Remedy Order to understand the wide discretion a Judge has when making such an order. It is therefore beneficial to explore a NCDR process before an application is made.