Friday, January 28, 2011
Leading UK family lawyers have called for greater clarity as the Law Commission carries out a review likely to usher in legally binding pre-nuptial agreements.
Partners are broadly in favour of the review, which could lead to the introduction of legally binding pre-nuptial agreements that would be enforceable in English courts.
However, many want to ensure safeguards exist to protect vulnerable spouses and children, with some arguing the courts should be given the final say.
The Commission launched its consultation this week (11 January) looking at pre-nuptial, post-nuptial and separation agreements.
In addition to looking at whether couples should be able to enter into binding agreements not to seek ancilliary relief in the event of divorce and what such agreements should encompass, the consultation also looks at the formalities needed for an agreement to qualify - such as the need for full financial disclosure between the couple and signed documentation based on legal advice.
Read more here.