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Recent updates in Family Law
Recent Updates in Family Law
1. Implementation of the Marriage and Civil Partnership (Minimum Age) Act 2022
As of 27 February 2023, the Marriage and Civil Partnership (Minimum Age) Age Act 2022 entered into force. This essentially meant that minors (those who are 16 or 17 years old) will no longer be able to marry or enter into civil partnerships, regardless of parental consent.
According to the action aid website which is dedicated to promoting the rights of women and girls, there was more than 250 million women alive today who were married before their 15th birthday. Within the United Kingdom, the government’s forced marriage unit reported giving advice to 13,324 cases during a 10-year period (from 2011 to 2021). This is clearly an on-going pandemic which needed addressing as soon as possible. Many campaigners regarded having the legal aid of marriage at 16 as draconian.
However, the new Act raises the age of marriage and civil partnership to 18 in England and Wales to protect children from being forced into marriage. The Act will also expand the criminal offence of forced marriage in England and Wales to make it an offence in all circumstances to do anything intended to cause a child under the age of 18 to enter into marriage without the need to prove that a form of coercion was used.
2. Finances within a marriage?
One of the most significant developments in the Law Commission’s review of the law is to determine whether it is necessary to review how finances are distributed upon a relationship breakdown. Half a century has passed since the passage of the Matrimonial Causes Act 1973 and the government has finally asked the Law Commission to review the current law and to decipher whether there should be any updates.
It is understood that the review is likely to take 2 years (from April 2023) and will look into the current laws on financial remedies to determine whether the current framework provides for the parties and most importantly, the children. It is understood that here will be reviewing (not limited to the below) the following:
1. The powers given to Judges over the division of financial assets;
2. Whether powers should be given to the Court for children above the age of 18;
3. How maintenance payments for spouses should work;
4. Consideration into bad behaviours;
5. Orders relating to pension and whether they are being overlooked; and
6. Factors the Judge must consider when deciding which, if any, financial remedy orders to make.
3. Domestic Abuse
Another area where the government has diarised to look into in 2023 is cases involving domestic abuse/violence. Published on the government website on 20 February 2023, there are new tougher sanctions placed upon those who commit domestic abuse. These individuals will face tags and tougher management under new measures to protect women and girls.
The new proposals will govern a change in law which will mean that the most dangerous abusers will be kept on tag so that their behaviours can be closely monitored. Furthermore, any controlling or coercive behaviours will be put on par with physical violence, which means that offenders could be sentenced to a year or more imprisonment and their behaviours will automatically be monitored by the police.
This overdue change in the law now provides for those suffering from coercive and controlling behaviours with the same level of protection as those who had been physically abused.
