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Baroness Deech calls for change in divorce law
Tue 13 Apr 2010
Assets accrued before a marriage should not be included in a divorce settlement, the chairwoman of the Bar Standards Board has stated.
According to Baroness Deech, only assets that were acquired while a couple were together should be considered, the Times reports.
This would mean that individually owned assets or wealth that has been inherited could not be claimed by an estranged spouse.
Baroness Deech stated that changing divorce laws in this way would stop gold diggers trying to marry a wealthy person for their money.
She said she is "dismayed" when people who are only married for a short time and have no career manage to walk away from a marriage with millions of pounds.
The baroness added that the UK needs to change to a system in which divorcing couples can work out what each party would get without having to go to court.
Carol Ellinas, a family law partner at Winckworth Sherwood Solicitors, commented: "When a court is asked to make a decision on a divorce settlement, the judge is obliged to take into account all the circumstances of the individual case before him or her.
"Pre-acquired assets are already treated differently, especially when they can be specifically identified.
"However, if the law is changed so that pre-acquired assets have to be ignored then this could result in hardship.
"A level of certainty needs to be balanced with the need for fairness, and whereas the public perception of money-grabbing young wives seems to appear in the headlines on a regular basis, the reality is that most parties who are wealthy before they enter a marriage usually remain as wealthy post-divorce.
"It is essential that individuals in such circumstances should take specialist legal advice at the outset.
"This way lengthy and costly legal proceedings can be avoided.
"Anyone who is considering marriage and is bringing assets into the relationship should enter a prenuptial agreement.
"The legal advice they will receive from a specialist divorce lawyer will be invaluable."
This comes after Department for Work and Pensions figures showed that a growing number of married couples aged over 50 are choosing to get divorced.
