In a landmark report published this week, the Law Commission has advised the UK Government to give pre-nuptial agreements legal force in divorce settlements in England and Wales.
It has called for the government to introduce standard formulas to enable couples to resolve disputes over financial settlements, and decide how assets would be split in the event that their relationship breaks down.
‘Divorce calculators’
The proposed system, outlined in a draft bill, is similar to that in Canada where, prior to their marriage, couples can use online ‘divorce calculators’ to work out how to manage their finances with limited involvement from a legal advisor.
As long as certain legal conditions are met, any agreement reached between the parties would be legally binding and not subject to judicial scrutiny over fairness.
Criteria
The conditions laid out by the Law Commission include that at the time of signing, both parties must disclose material information about their financial situation and receive legal advice.
Couples will not be permitted to determine childcare arrangements, and the agreement would only apply once it is clear that the basic needs of both spouses to an income and housing are met.
"Devastating"
Commenting on the move, Andrea Williams of Christian Concern said: “This is all about trying to rectify the consequences of allowing for no fault divorce back in 1973 with the Matrimonial Causes Act. Forty years later we are living out the devastating results in homes and courtrooms across the land.
“Have we not learned that when we make divorce easier we rob marriage of its meaning and purpose? No fault divorce has led to a catastrophic rise in the number of family break ups. Pre nuptial agreements will have the same effect.
“Marriage is a solemn vow; a lifelong pledge. The need for a pre-nuptial agreement appears almost to nullify the intention behind marriage before it has begun. It is a sad reflection on where we are as a society and how we regard its most fundamental institution.”
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