This House of Lords Library Briefing has been prepared in advance of the second reading in the House of Lords of the Divorce (Financial Provision) Bill [HL] on 11 May 2018.Jump to full report >>
The Divorce (Financial Provision) Bill HL is a private member’s bill introduced by Baroness Deech (Crossbench). The Bill proposes to replace section 25(2) of the Matrimonial Causes Act 1973, which deals with orders for financial provision after divorce, with “provisions about the principles to be applied in determining applications for such orders, including provision about the effect of pre-nuptial and post-nuptial agreements”. The law in this area has been developed by the statute’s application in the courts. Baroness Deech has argued that judicial discretion in the application of the law has resulted in a lack of clarity and consistency, and therefore that reform is necessary. The Bill received its first reading in the House of Lords on 3 July 2017 and is scheduled to receive its second reading on 11 May 2018.
Lords Library notes LLN-2018-0051
Author: Emily Haves