Pre-Nups To Become Legally Enforceable?

The Law Commission has announced a Marital Property Agreements project to examine the status and enforceability of agreements made by spouses or civil partners in contemplation of and during marriage or civil partnership concerning their property and finances. Such agreements are not currently enforceable in the event of divorce or dissolution of the civil partnership, but the court may have regard to them in determining the appropriate financial settlement. Some view the current law as a deterrent to marriage or civil partnership. This issue is of particular importance to those entering into second marriages who wish to protect their assets and crucial for couples who have already entered into such agreements in other countries where such agreements are enforceable. The Law Commission will not be considering agreements for unmarried couples. Despite numerous calls from senior Judges in recent years, it has also decided not to conduct a project to review the existing law regarding the division of property and finances in the event of relationship breakdown following marriage or civil partnership.

Click http://www.lawcom.gov.uk/docs/lc311.pdf to read the Law Commission’s Programme of Reform

Please contact us at family@cumberlandellis.com if you would like more information about making a Pre-nuptial or Pre-civil partnership agreement.