When it comes to the finances surround a divorce, proceedings can get contentious for both sides and their solicitors in Surrey have to work to find the best possible outcome for their clients. However, this week, the president of the Supreme Court has outlined that incoming changes pose a threat to the fairness of divorce proceedings by assuming a financial equality between spouses that is often absent.
Lady Hale has criticised the bill, a rare occurrence for legislature making its way through parliament, and described the lasting damage it would do to future divorce proceedings because of its ‘one-size-fits-all’ approach.
The criticism relates to the Divorce (Financial Provision) Bill, under which both pre- and post-nuptial agreements would become binding, matrimonial property would be split equally and maintenance payments would be limited to five years, all subject to certain conditions.
Monikered as the ‘no-fault’ divorce, the bill has been recognised for offering an option which takes less of a toll on the couple, as well as less of an expense to pay, however Lady Hale said: “I question how one-size-fits-all can possible meet the justice of the case or fulfil the role of the family in shouldering the burdens which it has created rather than placing them upon the state.”
Her concerns surrounded an assumption of equality between couples, especially within heterosexual relationships, and her remarks garnered supports from women’s groups, according to the Scotsman, who said that the inequality that many women meet at home is not adequately considered in cases of family law.