Plans to introduce 'binding prenup' agreement for couples

"Qualifying nuptial agreements" would give couples greater control and would make the financial outcome of separation more predictable if they came into effect, a professor has suggested.

A draft bill proposed by he Government's law advisers would allow couples to set the terms of a divorce before they get married in a binding prenup agreement.

Professor Elizabeth Cooke, Law Commissioner for property, family and trust law, said pre- and post-nuptial agreements were becoming more common, but claimed courts will not always follow them which prevents lawyers from being able to give clear advice.

"Qualifying nuptial agreements would give couples autonomy and control, and make the financial outcome of separation more predictable," she added.

"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."

A binding prenup agreement that allows a couple to set the terms of a divorce before they get married has been proposed by the Government's law advisers.

Under current law, couples can make pre- and post-nuptial agreements but they are not legally binding and parties cannot be guaranteed they will be upheld.

The draft bill, put forward by the the Law Commission, Matrimonial Property Needs and Agreements, would allow married couples and civil partners to make a binding agreement about how their property or finances should be shared if their relationship breaks down.

If implemented, the law would bring legally-recognised "qualifying nuptial agreements" into effect.