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Justice written question – answered on 24th January 2011.

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Photo of George Eustice George Eustice Conservative, Camborne and Redruth

To ask the Secretary of State for Justice what plans he has to bring forward legislative proposals in respect of divorce settlements.

Photo of Jonathan Djanogly Jonathan Djanogly The Parliamentary Under-Secretary of State for Justice

The Family Justice Review is considering the process around divorce and financial settlement on divorce (ancillary relief) but not the substantive law. Concurrent consideration of these technically difficult areas would have been unmanageable and impinge on the deliverability and timescale for much needed reform of the family justice system overall. The review is due to publish an interim report in the spring.

On 11 January the Law Commission launched a public consultation on marital property agreements, following the decision of the Supreme Court last year in Radmacher v. Granatino. The Law Commission is seeking views on the desirability and feasibility of a range of potential options for reforming the law of pre-nuptial, post-nuptial and separation agreements-contracts made by couples before or during their marriage or civil partnership that are intended to govern their financial arrangements if the relationship ends. The consultation closes on 11 April 2011. The Government will await recommendations from the Law Commission before considering how to proceed.

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