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Should children’s interests affect the general rule that partners share relationship property equally?

Under Property (Relationships) Act 1976, each partner usually gets an equal share of relationship property when the relationship ends. That means if the partners go to court, the court’s primary task is to divide the couple’s relationship property equally between the partners.

At this stage we do not see a need to amend the general rule of equal sharing, although we do think the Property (Relationships) Act 1976 could take a more child-centred approach. We think that it is unnecessary because there are other mechanisms to provide for children’s interests, like child support or allowing a partner to occupy the family home for the children’s benefit. The general rule of equal sharing is working well. It reflects the way we think of relationships as partnerships, and it is familiar, predictable and easy to understand.

What do you think?

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