The change would bring legislation in to reflect recent court decisions. Qualifiying prenuptial agreements would be enforceable so long as both parties had disclosed financial information  and received legal advice. They would also have to be signed more than a month before the marriage.In 2010, the UK Supreme Court upheld German heiress Katrin Radmacher’s pre-nup,  enabling English courts to be more sympathetic towards rich divorcees. The Law Commission said that pre-nups would not touch child support but would prevent one spouse’s open-ended liability for the life of the other. 

 

Writing on the wall

 

Commenting on the report, Michael Wells-Greco, partner and international family lawyer at Speechly Bircham, said:“Giving formal legal status to pre-nuptial agreements has been the writing on the wall since Radmacher v Granatino. It’s a positive step and one which will also make mediation simpler to navigate, as well as the court process. Qualifying pre-nuptial agreements are unlikely to enter into law for some time but in the meantime this gives lawyers and separating couples a more sure and certain operating framework.

 

Maintenance

 

Mr Wells-Greco added, however, that maintenance needs were still unclear.  “The question remains: what falls under the definition of financial needs and how do these needs translate into on-going shared responsibilities? Further work is planned to provide classification. For now, a Canadian style ‘maintenance calculator’ is a long way from being introduced but given the emphasis on separating couples making a transition to independence, this seems to imply a more restrictive approach in future.