Needs and Matrimonial Property Agreements: A New Perspective Inspired by French Law

By analysing the 2014 Law Commission’s Report, this paper considers the possible reform of matrimonial property agreements, focusing on the difficulties of achieving a balance between the autonomy of the parties and the protection of the ‘vulnerable’ spouse. It identifies a key limitation of the Report as being a lack of clarity regarding the concept of ‘needs’, as ‘needs’ are used as a safety net against binding matrimonial property agreements. It suggests examining the solutions adopted in French law and their possible applicability in England and Wales. It argues that binding matrimonial property agreements should have an impact on the definition of fairness.