According to one senior family judge it should. It was recently reported that family law judge Sir James Munby would prefer more streamlined divorce proceedings where fighting over money and assets would be considered separately.
Reform of existing divorce laws to accommodate this new approach is however unlikely anytime soon with a long history of reform moving at a snail’s pace. Many in the family law sector area feel that reducing the number of complex legal battles over money that often form part of divorce proceedings would make the process far more efficient.
Legal battles over assets can sometimes go on for quite some time before a decision is made on who gets what. The process of divorce itself by contrast can be comparatively straightforward.
Separating money and assets from divorce is not the only change to divorce laws being called for – there is also no-fault divorce to consider but as yet none of them have seen any real progress.
Although divorce rates have fallen to their lowest levels in 40 years, 44% of marriages still end up in separation with a significant rise in the number of middle aged and older couples getting divorced. This age group is probably the most likely to find themselves in complex battles over assets, money and pension arrangements.