Kounteya Sinha, TNN | Mar 1, 2014, 03.20AM IST
LONDON: Britain may soon make it legal for couples in England and Wales to agree to the terms of a divorce before tying the knot.
The Law Commission has recommended to the government that making pre- and post-nuptial agreements legally binding will make it easier for couples to split amicably. The commission which advises the government has also prepared Nuptial Agreements Bill, which would introduce qualifying nuptial agreements and has asked the government to make this a binding law.
Pre-nups are legal in the US, Australia and many European countries. The recommendations come in the face of a growing number of divorces in England and Wales. Around 42% of all marriages in UK are now expected to end in divorce. Data revealed by the British government's official stats agency recently shows that England and Wales saw a divorce every five minutes in 2012.
Relationships crumbled in the aftermath of the recession with almost half of these divorces in the first 10 years of marriage. Around 13 divorces took place every hour in 2012.
In 2012 the number of couples divorcing increased to 118,140, up from 117,558 the previous year.
The law gives the courts a wide discretion to make appropriate financial orders when marriages are dissolved. An important element of those awards is meeting both parties' "financial needs".
The Commission says: "Introduce qualifying nuptial agreements, enforceable contracts, which would enable couples to make binding arrangements for the financial consequences of divorce or dissolution"
It adds: "The agreement must be contractually valid (and so for instance not be entered into under duress), must be made by deed and contain a statement confirming that the parties understand its effect, must not be made within 28 days of the marriage/civil partnership and must have a financial disclosure".
Professor Elizabeth Cooke, law commissioner for property, family and trust law said: "Pre-nuptial and post-nuptial agreements have become more commonplace in England and Wales. However, they cannot be enforced as contracts and they cannot take away the courts'powers to make orders. The only way to achieve legal finality is to ask the court to make orders that reflect the terms of the agreement; and the Supreme Court has said that this should be done unless the agreement is unfair."
"Our recommendations would give couples autonomy and control, and make the financial outcome of separation more predictable. We have built in safeguards to ensure that they cannot be used to impose hardship on either party, nor to escape responsibility for children or to burden the state".
http://timesofindia.indiatimes.com/world/uk/Binding-pre-nup-law-for-couples-proposed/articleshow/31191674.cms
LONDON: Britain may soon make it legal for couples in England and Wales to agree to the terms of a divorce before tying the knot.
The Law Commission has recommended to the government that making pre- and post-nuptial agreements legally binding will make it easier for couples to split amicably. The commission which advises the government has also prepared Nuptial Agreements Bill, which would introduce qualifying nuptial agreements and has asked the government to make this a binding law.
Pre-nups are legal in the US, Australia and many European countries. The recommendations come in the face of a growing number of divorces in England and Wales. Around 42% of all marriages in UK are now expected to end in divorce. Data revealed by the British government's official stats agency recently shows that England and Wales saw a divorce every five minutes in 2012.
Relationships crumbled in the aftermath of the recession with almost half of these divorces in the first 10 years of marriage. Around 13 divorces took place every hour in 2012.
In 2012 the number of couples divorcing increased to 118,140, up from 117,558 the previous year.
The law gives the courts a wide discretion to make appropriate financial orders when marriages are dissolved. An important element of those awards is meeting both parties' "financial needs".
The Commission says: "Introduce qualifying nuptial agreements, enforceable contracts, which would enable couples to make binding arrangements for the financial consequences of divorce or dissolution"
It adds: "The agreement must be contractually valid (and so for instance not be entered into under duress), must be made by deed and contain a statement confirming that the parties understand its effect, must not be made within 28 days of the marriage/civil partnership and must have a financial disclosure".
Professor Elizabeth Cooke, law commissioner for property, family and trust law said: "Pre-nuptial and post-nuptial agreements have become more commonplace in England and Wales. However, they cannot be enforced as contracts and they cannot take away the courts'powers to make orders. The only way to achieve legal finality is to ask the court to make orders that reflect the terms of the agreement; and the Supreme Court has said that this should be done unless the agreement is unfair."
"Our recommendations would give couples autonomy and control, and make the financial outcome of separation more predictable. We have built in safeguards to ensure that they cannot be used to impose hardship on either party, nor to escape responsibility for children or to burden the state".
http://timesofindia.indiatimes.com/world/uk/Binding-pre-nup-law-for-couples-proposed/articleshow/31191674.cms
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