United Kingdom settles divorce cases by a mathematical formula. This formula would divide a couple's assets depending on their incomes and how long they have been married, says review.
Under the new Law Commission proposal, couples will be able to calculate how much money they would receive in a settlement.
AdvertisementAccording to The Telegraph, the new proposal would encourage couples to work out settlements between themselves rather than going through the time-consuming and costly process of going to court.
Another change being considered by the Law Commission, which recommends legal changes to Government, is that family homes should be left out of divorce settlements if they were inherited or acquired before marriage, the report said.
The law in England and Wales is unclear and treats a family court judge like a bus driver who has been told how to drive and told that he must drive, but has not been told where to go, nor why he is to go there.
Under the current law in England and Wales, if separating couples cannot agree how to divide their assets and how to look after each other in future, then it is up to a judge to make orders, the report said.
According to the report, in the 'vast majority' of cases there is not enough money or property to be divided equally between husband and wife, so the courts just try to work out the spouses' needs.
But the Law Commission's new consultation claims there is a "lack of legal clarity" about the definition of needs, and so, even if a member of the public read the relevant legislation, they would have "no sense of what the outcome would be", the report said.
"The Government will consider the recommendations of the Law Commission when its report on Pre-nuptial and Post-nuptial Agreements is published," a spokesman for the Ministry of Justice said.