It may not be the most romantic aspect of planning a wedding but Prenuptial Agreements could become an important part of preparation for the big day in the future.
‘Pre-nups’ are not, at the moment, binding in the UK although Judges can take them into account during divorce proceedings. However, the Law Commission is to consider plans to bring the legal system in England and Wales in line with other countries. It will look at whether pre-nups should be upheld by the Courts and under what circumstances.
The Commission will also consider whether agreements made after a marriage should be enforced in the Courts.
Divorce law has previously resisted allowing prenuptial contracts, which are popular in the United States, particularly among celebrities and the super rich. But Senior Judges and lawyers believe that the system should be modernised and they should receive legal recognition.
A Prenuptial Agreement can help clarify issues before they have a chance to turn into a source of dissension. At the very least, it can help couples to talk through how to deal with a situation in a way that is fair to both parties.
At present, Prenuptial Agreements are persuasive in the Courts but not strictly legally binding. The Law Commission will examine in what circumstances Courts should uphold the increasingly popular contracts.
In light of this, we will perhaps see less acrimonious splits such as the infamous McCartney Mills Court case and a trend towards a more amicable alternative to bitter divorce battles and that can only be good for everyone involved.
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