Pre-marriage contract moves welcomed by Coalville family law specialist
One of the region’s most respected family lawyers has welcomed as a ‘sensible step’’ the Law Commission’s proposal to enshrine pre-nuptial agreements in law
Kathryn Hicklin of QualitySolicitors Mander Cruickshank said such a move would add certainty for couples breaking up and reduce numbers of long, expensive and damaging court battles.
For many years now, especially amongst wealthy people pre-nuptial agreements, a written contract between two people who are about to marry, setting out the terms of possession of assets if the marriage breaks up, has become increasingly popular. However, until now they have failed to be legally binding.
The Law Commission’s recent report, which follows three years of consultation, includes a draft bill, which if made law, would for the first time allow couples to make legally binding agreements about the disposal of their assets in the event of their relationship breaking down.
It proposes new legislation to make pre-nuptial agreements binding, with parliament now having the final say whether the move will become law.
“Legally binding pre-nups would be a sensible step in divorce law reform,” said Ms Hicklin, whose firm have branches in Coalville and Hinckley, and one of the most experienced family law departments in the East Midlands.
“For the first time, people would be able to agree in advance what is to happen to some of their assets in a way that will help them avoid nasty and expensive disputes if unfortunately their marriage fails”
“It is a long-overdue decision after years of uncertainty.”
She said for too long the UK had been hesitant about giving nuptial agreements contractual force
“We may now, at last, be on the threshold of welcome change,” she added. “Never before has English law gone this far and I hope parliament won’t miss this opportunity to allow couples greater certainty and pre-agreed financial control should their relationship disintegrate.’
She also called on those who have issues around marriage to make sure they seek good advice.
“Our initial consultation is free and our expertise means we can certainly give you the tools needed to make the right decision,” she said. “Your situation will be handled with utmost sensitivity.”
Anyone wishing to talk to QualitySolictors Mander Cruickshank about family law can do so on 01530 510666.