Legal 'pre-nups' plan for England

LONDON,

Legally-binding pre-marriage agreements setting out the terms of a potential future divorce were recommended to the British government by their law reform advisors on Thursday.

The Law Commission, which reviews English law and proposes changes, made the recommendation in its report entitled Matrimonial Property Needs and Agreements.

Their draft bill would bring legally-recognised "qualifying nuptial agreements" into effect.

Under the current law in England and Wales, couples can make pre- and post-nuptial agreements but they are not binding and there is no certainty they will be accepted by a court.

Such agreements are becoming more commonplace, "but the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect", said Professor Elizabeth Cooke, Law Commissioner for property, family and trust law:

"Qualifying nuptial agreements would give couples autonomy and control, and make the financial outcome of separation more predictable.

"We have built in safeguards to ensure that they cannot be used to impose hardship on either party, nor to escape responsibility for children or to burden the state."

The new measures would enable married couples to make a binding agreement about how their property or finances should be shared if their relationship breaks down, said the Law Commission.