Law Commission recommends the introduction of enforceable nuptial agreements

The long awaited report from the law commission has now been published recommending the introduction of enforceable nuptial agreements both pre and post marriage or civil partnership. This would enable couples to make binding arrangements for the financial consequences of divorce. In order to be enforceable the commission has recommended that certain procedural safeguards would need to be met to include the timing of such agreements, the provision of financial disclosure and the need to seek legal advice.

Elen Stritch, associate in the family department, has provided comment on the impact of such agreements on marriage, which is featured in The Times today.

For further information about nuptial agreements please contact Caroline Gordon-Smith, head of the family department, on +44 (0)1483 401215 or

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