The Law Commission is set to review our 50 year old divorce laws, and particular emphasis is placed in this article on the review of the distinction between a breadwinner's role and that of a stay at home spouse. The generosity currently shown to the financially weaker spouse in this country is what has led to London being dubbed 'the divorce capital' of the world.'

Will any recommendations reduce the attractiveness of this country as a destination within which to get divorced?  Even if the recommendations do signal a change of direction, it is likely to be many years before any change filters through.  For many the discretionary nature of the family judges' powers has been seen as a strength but it can lead to greater argument and (therefore) cost. For some that results in a better outcome. For breadwinners, it often feels otherwise.

The outcome is likely to build upon previous Law Commission recommendations to bolster the effectiveness of nuptial agreements, with the trend to greater autonomy being a key theme.  The likelihood of such agreements being treated as binding and preventing the court making any other orders is a strong possibility. This means that any agreements already in existence are likely to be of increasing value to those that have entered into them.