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Pre-nups to become legal

Aiming to reduce the number of Court battles between divorcing couples, new proposals being introduced by the Law Commission are set to enshrine prenuptial agreements in law.

The changes are set to revolutionise the divorce process in England & Wales, with couples being able safeguard their assets in the event of a relationship breakdown.

The plans follow three years of consultation by the Law Commission.

Resolution, a national organisation of family lawyers committed to non-confrontational divorce – of which Linder Myers is a member – has long argued for a move that would put the legality of pre-nuptial agreements “beyond doubt”.

With Courts across England & Wales currently adopting different approaches to the status of pre-nups, the current situation is confusing for both divorcing couples and family lawyers and the proposals are likely to be welcomed by the legal profession.

Likely to reduce the need for acrimonious legal action during the divorce process the Commission is also set to recommend safeguards to ensure that any pre-nups are fairly drafted, such as recommending that both parties take independent legal advice as to the drawing up of any agreement.

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