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Pre-nuptial agreements 'could become legally binding' |
Pre-nuptial agreementsfamily law
Currently, such documents are not legally binding, but judges may take them into account where they do exist.
However, the Law Commission has now drawn up new plans which would see them officially recognised in UK courts.
Professor Elizabeth Cooke, the Law Commissioner responsible for the proposals, said pre-nups could end the 'financial carnage' that can come as the result of a bitter divorce
'There is nothing that will take away the general pain of divorce
Should pre-nups become legally binding, legislation would be put in place to ensure nobody is coerced into signing one against their will.
It would also be a requirement for each party signing the document to have had independent legal advice first.
In March 2010, Nancy Duffield, senior lecturer at the College of Law, said it is worth drawing up a pre-nup when getting married, even though they are not formally recognised at present.
'Pre-nuptial agreements
'Whether they are right for everyone or not, it is vital that a couple have the ability to control their own financial situation if a marriage fails. We are awaiting the decision in the Radmacher case being considered by the Supreme Court which will hopefully give a final and decisive view on pre-nuptial agreements
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