The Law Commission is has published a consultation paper
as a first step in the creation of guidance as to what extent the courts should regard pre-nuptial agreements as enforceable.
The 147-page document proposes the creation of a ‘qualifying pre-nuptial agreement’ and sets out various criteria which would have to be met for such an agreement to be valid.
Curiously, though, the LSC has dodged the issue of dealing with the breakup of unmarried couples. Despite describing ‘the legal recognition of marital property agreements’ as being ‘of great social importance’, it has left the same issue with regard to those who are merely cohabitees undealt with.
The consultation period will last until 11 April.