Law Commission Report Prenuptial Agreements

May 5th, 2023

Image copyright: Daria Nepriakhina

The Law Commission of England and Wales recently published a report on prenuptial agreements, providing new recommendations to improve the legal framework surrounding these legal instruments. Prenuptial agreements, also known as prenups, are contracts signed by couples before their marriage or civil partnership, which determine the financial division of assets and other matters in case of separation or divorce.

The report, titled “Getting Married: A Consultation Paper on Weddings Law,” identifies that prenuptial agreements offer couples the opportunity to take control of their financial affairs and avoid costly and time-consuming legal disputes in the event of a separation or divorce. The report states that “there are good reasons why individuals may wish to make a prenuptial agreement, and it is important that the law will support such agreements.”

The Commission proposes a new legal framework for prenuptial agreements, which includes a requirement for both parties to seek independent legal advice before signing the contract. This provision aims to ensure that both parties fully understand the legal implications of the agreement, and that the agreement is fair and reasonable.

The report also recommends that prenuptial agreements should be binding unless there are compelling reasons why they should not be enforced. This approach would provide greater certainty for couples, as well as reducing the need for costly and stressful legal proceedings.

In addition, the report addresses several issues that have previously hindered the use of prenuptial agreements, such as the fear that they undermine the institution of marriage, or that they are only used by the wealthy. The Commission makes clear that prenups can be used by anyone, regardless of their financial situation, and that they do not damage the institution of marriage, but rather provide a way for couples to take responsibility for their own financial affairs.

Overall, the Law Commission`s report on prenuptial agreements is a welcome step towards greater clarity and certainty for couples who choose to use these legal instruments. By providing clear guidelines for the use of prenups, the report seeks to encourage their wider adoption, and reduce the cost and stress of family law disputes. It remains to be seen whether the Commission`s proposals will be adopted by the UK government, but the report represents an important contribution to the ongoing debate on the role of prenuptial agreements in family law.


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