10 January 2011
Law Commission insists on safeguards if family law changes go ahead
Any changes to the country's family law system with regards to pre-nuptial agreements and divorce settlements must include certain safeguards for the involved parties.
That is according to the Law Commission, which has stated that there would need to be clauses that would protect the weaker spouse in any case included in any new legislation making pre-nuptial contracts legally binding, according to the Financial Times.
Such agreements are not currently compulsory in England or Wales and the Law Commission - which has been chaired for almost two years by Lord Justice Munby - has been reviewing whether or not the law should be altered in this area.
However, the news source states that the "landmark" October 2010 ruling in which German industrial heiress Katrin Radmacher successfully defended a pre-nuptial agreement has ignited debate over whether they should now be enforceable in the UK.
The Commission is expected to publish its full review on the matter later this year.
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Posted by Richard Saunders