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At present pre nuptial agreements can be taken into account by courts but are not legally binding. Should married couples be able to agree, in advance of problems, how their property and other assets should be divided when they divorce ? If so, should there be any limitations ? For example, how should the future birth of children come into account ?

The House of Lords gave the Divorce ( Financial Provisions) Bill its second reading on 27.06.14. This Bill will make such agreements made before and after marriage binding, so amending the present law which is contained in the Matrimonial Causes Act 1973. The Bill also seeks to make other changes, for example limiting maintenance payments to 3 years.

The content of pre nuptial agreements is a matter that can be discussed in mediation. To then make it legally binding the process is to  take the proposals to a lawyer who will deal with the legal formalities.

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