Divorce law change set to see legal fees slashed and court battles avoided

Two people signing divorce papers

Divorce lawyer fees could be made cheaper if reforms are approved

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Georgina Cutler

By Georgina Cutler


Published: 21/03/2023

- 17:32

Critics say the laws are 50 years old and need reviewing

Expensive divorce lawyer fees could be made cheaper as ministers look to review laws to avoid court battles.

A massive shake-up of the law has been welcomed by critics who say couples become confused by out-of-date routes to take.


Lord Bellamy, a justice minister, announced last week that the Law Commission is to examine whether the Matrimonial Causes Act of 1973 act needs updating.

The law has previously been adapted to allow for a “no fault” divorces so that couples don’t have to put a reason for their split.

Two people getting divorced

Critics say the 50-year-old divorce laws need to be reformed

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It led to a new high in the number of applications last year, the Ministry of Justice said.

The legal system in Britain is seen as more lenient towards estranged wives who are not earning, which has caused London to become a hotspot for wealthy couples looking to split.

Courts tend to split the combined wealth of divorcing partners equally, even if one person is earning more.

Couples who go to court often spend thousands of pounds on legal fees due to legal aid cuts.

Judges have a huge say in how splitting up money and assets are assigned due to decades of case laws.

Lawyers and experts want to rewrite the law to make it clearer about how things should be split and to resolve loopholes.

The reforms could save Brits huge sums of money in long court battles and legal fees.

Speaking in the House of Lords, Tory peer Baroness Shackleton of Belgravia said: “There is no use in having a divorce if the money is not sorted out. The house has to be sold and the children are caught in the conflict.

A man and a woman sitting on a sofa

Currently judges have a huge say in how splitting up money and assets are assigned

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"Divorce practitioners like me make a fortune in arguing, because the guidelines are 50 years out of date.

"Many people in this country are touched by this and I would like an assurance that it will be included in the King's Speech as vital business on the agenda, because responsible governments do service to this."

Justice minister Lord Bellamy added: "These matters will be considered fully in a forthcoming review, hopefully by the Law Commission.

"Subject to final agreement, I hope to make a further announcement very soon indeed."

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