The Law Commission has recommended that pre-nuptial agreements are to be legally enforceable in England and Wales. The Courts are already able to take pre-nuptial agreements into account, but this latest move will provide legal certainty and clear guidance.
The Law Commission welcomes the introduction of a standard that will provide couples with certainty, although there will be qualifying conditions that will need to be met.
The recommendation is that the agreements would only be enforceable provided both parties have made full, financial disclosure, received legal advice and the agreement is signed more than 28 days before the wedding.
The agreement would be enforceable only after the financial needs of any children have been met and that the estranged partner’s needs are met in certain areas such as housing, for example.
Law Commissioner, Elizabeth Cooke, advising on this matter stated that making pre-nuptial agreements binding will provide certainty and give couples more control over their lives.
Kidwells Law welcomes the Law Commission's recommendation as it can bring certainty and clarity to many couples entering into marriage. For information on Pre-nuptial Agreements and all aspects of Family Law contact Kidwells on 01432 278179.