In an interesting development south of the border, the Law Commission for England and Wales has published a report recommending that ‘qualifying nuptial agreements’ (in particular, the agreements commonly referred to as prenuptial agreements) become enforceable contracts.
The report has also recommended that guidance be produced on the meaning of ‘financial needs,’ so that it is clearer to anyone going through divorce and separation what the financial outcome is likely to be.
Family law body Resolution has welcomed the report, saying that it will provide greater clarity for many married couples on separation.
Resolution vice-chair (and chair-elect) Jo Edwards commented:
“Since the landmark ruling in Radmacher v Granatino in 2010, prenups have, in effect, been made legally binding, yet it is only when they are tested in court that this becomes clear. This latest development seeks to enshrine the status of prenups in legislation, which we welcome, and should give people confidence that marital agreements will be upheld. This should also help reduce the burden on the courts.
“We don’t expect this measure to lead to every engaged couple in the country seeking a prenup, but for those couples who want to have one in place, it will make their legal situation much clearer and reduce uncertainty upon separation.”
Contact us
For legal advice on prenuptial agreements, or any other legal problems you may have, please complete our online enquiry form or call us on 0141 221 1919.
