Divorce Law Criticized as ‘Incomplete’ and ‘Uninformative’

The Law Commission stated that laws in England and Wales are so “incomplete and uninformative” that judges receive no guidance about the fairest way to divide a couple’s property.

The organization went on to say that judges get no proper guidance on whether to divide a couple’s assets equally or according to each partner’s needs, and there are no proper rules on how to divide belongings accumulated before the marriage began.

There is also no legal definition of what constitutes the financial needs of a spouse or clarity about the extent to which divorcees must carry on supporting one another.

Now the Law Commission is launching a consultation to improve the regulations which have not changed since 1969.

The consultation will look at the law governing the allocation of “non-matrimonial property” and if it is to be shared on divorce or dissolution.

Three possible objectives have been set out for the courts. The first would be to compensate the needs of the lower-income spouse. The courts could also consider providing support “to enable a transition to independence” that equalizes the couple’s living standards.

A third option would be to create incentive for independence on ex-partners rather than “encouraging dependency” on ex-partners.

The commission will include an earlier consultation on the enforceability of prenuptial agreements and form the basis for a draft bill to be introduced to parliament.

According to Thailand divorce attorneys, Thailand’s divorce courts grant a great deal of discretion to judges. This is primarily due to the nature of the legal system. While nations such as the UK, U.S., and Australia are common law systems relying on case precedent, Thailand’s system is primarily a civil law system relying on statutes.