Eri Horrocks, Polly Atkins & Constance Tait share views on law reform in ThoughtLeaders4 HNW Divorce Magazine
Eri, Polly and Constance’s article was published in ThoughtLeaders4 HNW Divorce Magazine, Issue 17 (page 7), and can be seen here.
Senior Associates Eri Horricks and Polly Atkins and Constance Tait, Associate in our Family & Relationships department share their perspectives on the future of family law reform.
Constance highlights the urgent need for reform in cohabitation law, noting that cohabiting couples are the fastest-growing family type in the UK. Despite this, they remain legally unprotected, and many still believe in the myth of “common law marriage”. She advocates for the implementation of the Law Commission’s 2007 recommendations, which proposed a fairer system for separating cohabitees based on qualifying contributions and the option to opt out. These reforms would provide greater clarity and protection, particularly for the financially weaker party, without undermining the institution of marriage.
Eri turns to prenuptial agreements (PNAs), pointing out the confusion and frustration clients often feel when told that PNAs, while influential, are not legally binding. Although some judges uphold them strictly, others exercise discretion, creating inconsistency. Eri supports the Law Commission’s 2014 proposal to introduce “qualifying nuptial agreements” that would be legally binding, helping to reduce uncertainty in financial remedy proceedings. This would allow couples to opt out of the discretionary framework under section 25 of the Matrimonial Causes Act and bring much-needed clarity and predictability to financial planning in marriage.
Polly addresses the practical challenges of Legal Services Payment Orders (LSPOs), which are designed to help financially weaker parties access legal representation. While LSPOs can be essential, they often come with procedural hurdles and reinforce existing power imbalances. Applications can disrupt non-court dispute resolution and place financial risk on solicitors, who may not recover their full costs. Polly calls for a reassessment of the LSPO system to ensure it is fairer and more sustainable for both clients and legal professionals, particularly in cases where one party has unrestricted access to matrimonial resources.
Read the full article on the ThoughtLeaders4 HNW Divorce Magazine website [external link].