Dividing up assets is the "significant issue" needed to define divorce law, it has been claimed.

Writing in the Times, lawyer Joe Vaitilingham said that while examining the legal status of pre-nups would help "well-heeled couples", the government or the Law Commission should also look into reforming the rules over the division of marital assets.

He told the paper that "uncertainty" in the law can mean "fertile ground" for law cases over questions about when one partner should get more, what should happen to children and how much extra should go to the primary carer of a couple's children.

Mr Vaitilingham commented in the Times that reforming the law would bring benefits to "many thousands" of families, compared to moves to disambiguate pre-nuptial agreements which would only help those with an existing contract.

Last week the Law Commission announced that it was to examine the legality of pre-nuptial agreements which are not currently enforceable in court.

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