Resolution reacts to Law Commission paper on pre-nuptial agreements

11 Jan 2011

Responding to the publication of a new paper on the status of pre-nuptial agreements, family law association Resolution has renewed its calls for pre-nuptial agreements to be made legally binding.

The consultation paper, launched today by the Law Commission, asks for views on a range of potential options for reforming the law of pre-nuptial, post-nuptial and separation agreements. The paper comes just a few months after the historic Supreme Court judgment of Radmacher vs Granatino, which paved the way for pre-nups to become binding.

“Financial uncertainty can be one of the most stressful elements of any divorce,” said David Allison, Chair of the 5,500 strong family lawyers’ association, Resolution.

“A growing number of couples are signing pre-nuptial agreements as a way of minimising this uncertainty, but despite the historic Supreme Court judgment in October they still are not binding under English law. We strongly believe that pre-nuptial agreements should be legally binding and welcome this consultation as the first step in that process.”

The consultation paper sets out the challenge of reforming the law in such a way that gives couples greater financial certainty whilst protecting the vulnerable from entering into unfair agreements.

David Allison continued: “We will be making the case to the Law Commission that pre-nuptial agreements should be considered binding as long as the needs of any children are satisfied and provided that they do not result in injustice.”

Resolution will be preparing a response to the consultation paper, which closes in April 2011.


Notes to Editors

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