Family law practitioners in England and Wales are preparing for a protracted period before witnessing substantial reforms in divorce legislation. The Law Commission is set to publish a scoping paper on 18 December 2024, reviewing the laws governing financial remedies in divorce. However, this document will not include specific recommendations for the government. 
Professor Nick Hopkins, a law commissioner, indicated that the forthcoming scoping paper would serve as a “toolkit” for the government. It will explore whether the current financial remedy laws require reform and propose potential directions for such changes. The paper will examine four potential models:
1. Codifying existing case law, allowing the court to maintain broad discretion.
2. Codifying existing case law with additional reforms in specific unsettled areas.
3. Guided discretion, introducing principles and objectives to direct the court’s decisions.
4. A matrimonial property regime, enabling couples to predetermine property division upon marriage, with minimal court intervention.
The scoping paper will also address topics such as nuptial agreements, spousal maintenance, pensions, and the court’s authority over children aged 18 or older. Following its publication, the government faces several options: maintaining the current Matrimonial Causes Act 1973, initiating reforms independently, or commissioning the Law Commission for further detailed work.
Neal Barcoe, deputy director of the family justice policy unit at the Ministry of Justice, stated that the government would carefully consider the commission’s findings to determine future actions.
This development suggests that while the review process is advancing, family lawyers and their clients may need to wait several years before any legislative changes are implemented. The absence of immediate recommendations indicates that comprehensive reforms are unlikely to occur in the near future.
What To Do Now
If you’re considering divorce or separation, family mediation offers a constructive, cost-effective way to resolve disputes without the stress and expense of going to court. By working with a professionally trained mediator, you can reach practical agreements that reflect the needs and interests of everyone involved — especially children.
At We Mediate, we provide a comprehensive range of services to support you through every stage of your separation. Our experienced and accredited mediators help you navigate complex issues such as financial arrangements, child contact schedules, co-parenting strategies, and communication challenges, all in a safe and confidential setting.
We believe every family deserves a fair, respectful, and accessible path through separation. Our focus is on creating balanced outcomes that prioritise the wellbeing of all parties, and our commitment to affordability means we can support families across England and Wales, no matter their circumstances.
Before starting mediation, you will need to attend a MIAM — a Mediation Information and Assessment Meeting. This is a confidential one-to-one session with an accredited family mediator, where you’ll learn more about how mediation works and whether it’s suitable for your situation. We can usually arrange MIAMs quickly, often within 24–48 hours, with daytime and evening appointments available. Book your MIAM today to take the first step towards resolving matters in a more cooperative and less adversarial way.
If you’re ready to explore a more amicable approach to divorce or separation, we invite you to browse our website or contact us directly. Whether you’re just beginning to consider your options or are already in the midst of proceedings, our team is here to guide and support you at every stage. Schedule your consultation today and discover how mediation can help you move forward with clarity and confidence.
You can call us on 0333 567 1676 or click here to send us a confidential email.
