Plans to introduce 'binding prenup' agreement

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.