Prenup agreements would give couples greater 'control'

"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."