Pre-nuptial agreements – looking into the crystal ball.

The Law Commission will publish its report about pre-nuptial agreements on the 27th February 2014 and many commentators believe they will put their considerable weight behind making such agreements legally binding for the first time in UK law.

The report is long awaited, the Law Commission beginning its work as long ago as 2009. In that time there have been a number of shifts and turns meaning the original remit bears little resemblance to that which is now being considered.

In recent years the UK courts have been seen to broadly favour pre-nuptial agreements with a gradual watering down of the traditional high hurdle that those seeking to hold their opponent to such an agreement had to jump. Despite this trend pre-nuptial agreements remain somewhat of a grey area within family law causing difficulties for family practitioners when giving legal advice on such matters.

What is clear however, is that the 27th February is likely to represent a material shift for all family practitioners and anyone with assets who is intending to marry.

An appraisal of the report will follow.