Binding 'pre-nup' law proposed

27 February 2014 Last updated at 01:42

Binding 'pre-nup' law for couples proposed

Pre- and post-nuptial agreements could become legally binding

Couples would be able to legally agree the terms of a divorce before they marry, under a new law being put forward by the Law Commission.

The current law allows married couples and civil partners to make agreements, but courts do not always uphold them.

The new suggestion would mean that any pre- or post-nuptial agreements would be seen as legally enforceable.

The commission is the official body which recommends updates to the law in England and Wales.

Should it be enacted, the proposed law would enable married couples and civil partners to make a binding agreement about how their property or finances should be shared if their relationship breaks down, the commission said.

'Autonomy'

It would have to be accepted by Parliament before it came into force, and the government has said it will consider the recommendations that have been made.

Prof Elizabeth Cooke, the law commissioner for property, family and trust law, said that the change would give couples "autonomy and control, and make the financial outcome of separation more predictable".

She added: "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."

The Law Commission is the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where it is needed.