Prenup agreements 'give clarity to grey areas'
Legal recognition of prenup agreements would give clarity and certainty where there are now grey areas, claimed Sarah Anticoni, partner at Charles Russell and a spokesperson for family law association Resolution.
Her comments come after the Law Society proposed that the contracts be made legally biding.
Currently, people can draw up a prenuptial agreement
which may be considered by a judge if the marriage breaks down.
Ms Anticoni said that where prenups have a real role to play is when people from all over the world choose to divorce in the UK.
She explained: "We have a much more fluid society – there's much more freedom of movement for work, for travel; and therefore we are often having to deal with things where one party is one nationality, the other is a completely different nationality, the party married in a third country and are living here.
"The family structure is more complex."
It has also been suggested by some that making a prenuptial agreement
legally binding could encourage more people to get married and have less fear of a costly separation.
Posted by Morag Lyall
Published on: July 15, 2010
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