It is anticipated that the Law Commission will shortly be asked to review the Matrimonial Causes Act 1973 . This is the primary legislation setting out how the division of assets and income is approached on divorce.

At 50 years old many feel the law is outmoded and that society has moved on significantly over the last half century. We hear of regional variations as judge made case law varies up and down the country. There are also uncertainty of outcome issues created by the current discretion that can be exercised by judges making it hard for practitioners to advise with certainty. Such an update could also see nuptial agreements enshrined in law.

It is hoped that if the law is updated this will make it easier to avoid what can be an expensive legal process given the difficulties created by the way the law has developed since 1973. Time will tell if changes are ultimately recommended however a review is likely to be welcome news to divorce practitioners.