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Pre-nups to be legally binding

27th February 2014

The Law Commission is expected to please many family lawyers across the country as it moves to pass a law on pre-nuptial agreements. The law would reduce the number of long and expensive court battles over divorce cases, as it would allow couples to make legally binding agreements about the division of their assets in the event of a split. 

The proposed legislation is set to make family lawyer jobs considerably easier should it go ahead, as it would make qualifying pre-nuptial agreements subject to the law. The Law Commission has recommended the change to the law - following three years of consultation - which would see agreements be made legally binding in court after the needs of the couple and any children involved have been taken into account.

To qualify, said agreement would have to be signed at least 28 days before the wedding and both parties would have to have received legal advice beforehand, according to this Guardian article. If these terms have been met in the signing of the pre-nuptial agreement it would then be fully binding and the court would be unable to differ from the pre-nuptial’s terms in its rulings.