Binding pre nups

Pre-nuptual contract and pen

The law commission has finally published it's report on matrimonial agreements and has recommended that the Government enact legislation to put pre nuptial agreements on a more formal legal footing.

At present the existence of a pre or a post nuptial agreement is considered as "a relevant circumstance" under section 25 of the matrimonial causes act 1973, the legislative framework for determining financial matters on divorce. Case law over the last 5 -7 years have given pre nups and post nups greater recognition on the proviso that the agreements are entered into with various safeguards in place. The Law Commission report wants the law to be formally changed  and proposes that "qualifying nuptial agreements" be given legal force.

This is a really positive step and it is hoped that the government will promote the law commission's report and findings. This will provide parties pre and post marriage/ civil partnership with greater autonomy to regulate their own affairs in this jurisdiction. We will post updating details once they become available.

If you are thinking of entering into a pre or post nuptial agreement and would like to have a no obligation free telephone consultation then please contact us on 0113 320 2288.