Prenuptial agreements could be made legal

Prenuptial agreements could be made legal in England and Wales.

According to the Daily Mail, the Law Commission, an independent body set up by parliament to review and recommend reform of the law, is expected to propose making the contracts legally binding in court.

Currently, couples can make a prenuptial agreement, which can be considered by a judge if the marriage ends in divorce.

However, they are not officially recognised.

But the Law Commission will make the suggestion amid fears that people are being put off marriage by high divorce rates and expensive pay-outs.

A prenuptial agreement would ensure that assets are set out before a couple marry, which could include how much maintenance a spouse will receive.

Professor Elizabeth Cooke from the Law Commission told the newspaper: "There is a certain amount of financial carnage when people get divorced. A well drawn-up prenup can give greater predictability.

"There is nothing that will take away the pain of divorce but it may be that prenups can go some way to making things more certain."

Posted by Morag Lyall

Published on: July 12, 2010

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