Law Commission Qualifying Nuptial Agreements

The Commission recommended that the main purpose of a QNA should be to limit certain assets of the division in the event of divorce. We would expect most clients to strive to combat both inherited and pre-marital assets, which is in line with most of the instructions regarding marriage contracts that have been concluded so far. In addition, it will be possible to determine the shares in which the capital will be distributed, for example. B 60:40, etc. The Commission recommends that Parliament legally recognise these “qualifying marriage contracts”. They set out five formalities: – A new legal concept of qualifying nuptial agreement (QNA) was introduced in February. This follows the Commission`s recommendation that legally binding qualifying marriage contracts would be introduced instead of full agreements. Our report contains a Marriage Contracts Bill which would introduce qualified marriage contracts in England and Wales. Provide legal marriage contracts and help people understand the law to meet the financial needs of an ex-spouse in the event of a marriage failure. Guidelines have been established and the government has done some scoping work, but we are waiting for a final response. 3. The date of the agreement and the date of the marriage or partnership must be at least 28 days. (The parties should not panic to conclude these agreements on the eve of a wedding!); Such agreements are currently unenforceable, but the Supreme Court`s judgment of Radmacher v Granatino [2010] UKSC 42 states that they should be given “decisive weight” unless the agreement is unfair.

The project also addressed the treatment of marriage, inheritance and separation agreements. At present, the family courts of England and Wales may take into account a marriage contract in the exercise of their legal discretion for the distribution of property in the event of divorce, if it has been entered into voluntarily by each party with full recognition of its effects and if certain guarantees are respected. The Commission recommends that spouses and engaged couples be able to enter into contractual agreements, but for protection, these agreements cannot address future housing, childcare, income or other aspects of “financial need”. In January 2011, we opened a consultation during which we reviewed existing legislation on matrimonial property contracts and discussed options for reform.

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