The Law Commission is considering a new system for calculating divorce payouts which would be based on mathematical formulae.
The system would use such factors as the length of the marriage, differences in income and the number of children to quickly calculate payments. It would be based on a similar one introduced in Canada in 2008.
According to a report in the London Evening Standard, the system could cut costs, increase consistency amongst judgements and discourage unrealistic claims. As a result married and divorcing couples would have greater confidence in the legal system..
However, critics claim a ‘cookie cutter’ approach to divorce could mean the individual merits of each case not being taken into account.
The proposed system would set upper and lower limits for divorce settlements.
The plans were unveiled at the Inner Temple during an event attended by senior members of the judiciary. Appeal Court judge Lord Justice Munby welcomed the proposals:
“If criminal practitioners can live with it and if personal injury practitioners can live with it, why can’t we?”
The Commission is also considering whether or not to make prenuptial agreements binding in law.
Photo by herbrm via Flickr under a Creative Common licence