On 27 February 2014, the Law Commission in its report to the government recommended that legislation be enacted to introduce “qualifying nuptial agreements”. These would be enforceable contracts, not subject to the scrutiny of the courts, which would enable couples to make binding arrangements about the financial consequences of divorce or dissolution.
In order for an agreement to be a “qualifying” nuptial agreement, however, certain procedural safeguards would have to be met and such an agreement could not be used by the parties to contract out of meeting the financial “needs” of each other and of any children.
So, are we now one step closer to binding pre and post nuptial agreements? Perhaps!