Government legal advisers are drawing up plans to make Prenuptial Agreements legally binding according to the Daily Mail.
Is this a good thing or a bad thing?
Depends whether you want to rely on one or not.
It is a good thing if it provides certainty and reduces litigation.
It is a bad thing if it causes financial hardship.
Obvious?
Legal Advice remains the same:
It is better to have a Prenuptial Agreement than not to have one provided it is completed properly:
- No undue pressure.
- Enough time to consider whether to sign.
- The opportunity to take legal advice.
- Full financial disclosure.
- No fraud or mistake.
- Takes account of a change in circumstances since it was signed.
A Prenuptial Agreement is one of the factors that a judge can take into account and if it is fair and completed properly is likely to be given legal weight.
Why get married without one?