Matrimonial Proceedings

Ministry of Justice written question – answered on 13th July 2020.

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Photo of Jane Hunt Jane Hunt Conservative, Loughborough

To ask the Secretary of State for Justice, what recent discussions his Department has had with (a) the Family Justice Council and (b) other stakeholders on the use of Mesher Orders in divorce cases.

Photo of Alex Chalk Alex Chalk Assistant Whip, The Parliamentary Under-Secretary of State for Justice

There is guidance on Mesher Orders within the Family Justice Council’s Guidance on “Financial Needs” on Divorce (April 2018 – 2nd edition.). This was produced following the Law Commission’s recommendation in 2014 that the Family Justice Council prepare guidance on “financial needs” on divorce. The Department has not had recent discussions with the Family Justice Council or other stakeholders about Mesher Orders.

During the passage of the Divorce, Dissolution and Separation Bill through Parliament, the Government committed to set up a Lord Chancellor’s working group to conduct a review of the law of financial provision on divorce. This review will be led by the evidence, which is yet to be gathered, on whether there are problems with the current law and, if so, how these might be addressed. The Ministry of Justice is now considering terms of reference and membership of the working group. The Government will seek to ensure that the working group has a balance of members from across different professions.

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