Guidance on Financial Needs on Divorce

Guidance on Financial Needs on Divorce

In its 2014 report the Law Commission identified concerning evidence of significant regional differences in the levels of needs-based support likely to be awarded in different courts, and a lack of transparency in this area of law.

The report recommended that the Family Justice Council should provide guidance for the Courts with a view to achieving greater clarity and consistency of approach across the jurisdiction in such cases. In April 2016 the first Guidance on Financial Needs was published by the Family Justice Council, and in April of 2018 the second edition was published.

The guide runs to 67 pages, and focuses on those cases where the available assets do not exceed the parties' needs, and provides a summary of the law at the time of publication, setting out the development of the law in leading cases.

The guide includes helpful case studies dealing with commonly found scenarios.

The intention is that the guide will be reviewed and updated at regular intervals and will take account of all significant case law since the publication of the first edition.

A copy of the guide is available on the www.judiciary.gov.uk website under FJC Guidance.