Pre-nuptial agreements ‘should be legally binding in divorce cases’
Law Commission says pre-nups should be binding only after financial responsibilities to children and each other are met
Prenuptial agreements should be legally binding in divorce settlements, but only after the needs of the separating couple and any children have been taken into account, the Law Commission has recommended.
In a report on the reform of matrimonial property laws, the commission calls for the introduction of standard formulas to help resolve disputes over financial settlements and publication of official guidance on what constitutes legitimate “financial needs”.
British courts already recognise prenuptial agreements as enforceable under British divorce law. The principle was established by …read more