I read the views of Nicholas Cusworth QC. I support his advocacy of an accrual type of matrimonial property regime, but would add two extra aspects.
First, damages received by either party for personal injuries should be excluded from the community estate. It would clearly be grotesque if a husband could divorce a physically or mentally damaged wife and get half her capital award. Second, this system should be underpinned by a general recognition of the enforceability of prenuptial contracts both local and foreign. The current ambivalence of the courts makes for much uncertainty and unnecessary litigation, to the point of discouraging marriage.
I suggest that a law be brought in that creates a default system that creates upon death or divorce an equal split of the assets, other than inheritances and damages, accrued during a marriage; and allows a prenuptial contract to vary this in any way that suits the parties. This would help the simplification of maintenance claims arising on divorce. With a clear division of assets calculation of the amount, whether in capital or instalments, claimable and needed by a party is reasonably straightforward.
Douglas Wade, Sevenoaks
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