Family Law Solicitor Ipswich – ‘Qualifying nuptial agreements’ should be enforceable, says Law Commission


Amanda Crowe Cropped

The Law Commission’s most recent publication Matrimonial Property Needs and Agreements, has recommended a set of measures to make it easier for couples to manage their financial affairs on divorce or at the end of a civil partnership. The Law Commission wants to see guidance to help couples assess and agree their financial needs and for ‘qualifying nuptial agreements” to allow couples to decide how their assets should be shared if they separate. Professor Elizabeth Cooke, Law Commissioner for property, family and trust law, said:

“Pre- and post-nuptial agreements are becoming more commonplace but the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect. Qualifying nuptial agreements would give couples autonomy and control, and make the financial outcome of separation more predictable. We have built in safeguards to ensure that they cannot be used to impose hardship on either party, nor to escape responsibility for children or to burden the state.”

It is proposed that for a qualifying nuptial agreement to be enforceable, various criteria would need to be satisfied including both parties taking legal advice on the document, giving full financial disclosure of their position and signing the document at least 28 days before the wedding or civil partnership ceremony. Changing the law on nuptial agreements in this way would also mean a change to the emphasis on these type of agreements so that the court has no power to interfere if the agreement “qualifies”.

The full Law Commission report can be read here.

 

Amanda Crowe is a family law solicitor at Barker GoteleeIpswich Solicitors.

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