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Proposals for Pre-Nuptial Agreements to be Enshrined in Law

Paul Walters, a Solicitor in Astle Paterson’s Family Department, comments on the recent report in The Times, confirming that the Law Commission is to shortly propose that Pre-Nuptial Agreements should be recognised in law.

A Pre-Nuptial Agreement (a ‘pre-nup’) is a written contract made before marriage to protect the respective party’s assets in the result of a divorce.   Paul Walters notes that “When married people seek a divorce, even if they have entered into a pre-nup, the agreement will be only one of the factors a Court takes into account when it is deciding what should happen to the assets and income of the couple.  In short, at the moment, pre-nups are not legally binding in England and Wales.

However, as reported by The Times, the Law Commission is due to put forward proposals which will recommend Pre-Nuptial Agreements should be enshrined in law and given full legal standing – on the strict condition that, amongst other things, both parties seek legal advice before entering the pre-nup.

If adopted by Parliament, the proposal would inevitably lead to a substantial increase in pre-nups and will, hopefully, begin to reduce the number of Court battles which can sometimes result from a divorce.”

At Astle Paterson (Solicitors in Burton upon Trent, Staffordshire) we have a wealth of experience in drafting and advising on Pre-Nuptial Agreements which will enable you to protect your finances.  

Please contact Paul Walters, Solicitor in Astle Paterson’s Family Department on 01283 531366 or by way of email to his secretary at hhall@astlepaterson.co.uk to discuss matters further.

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