Will UK Pre-Nup Law Change…?

3 February, 2014

There’s a bit of interest in the press today about an upcoming announcement by the Law Commission that may overhall how the law approaches inherited assets, nuptial agreements and maintenance on divorce. This article has made the front page of Times Online this morning.

A quick check of the Law Commission’s own website reveals nothing new as I write this, but maybe the Times has access to sources that I don’t. However, tightening the rules on how these issues, in particular, are to be decided would be revolutionary if the Times is accurate. One of the features of English divorce law is its high level of discretion – it doesn’t contain inflexible rules that risk injustice if applied. On the other hand, that same discretion results in much uncertainty as two judges with very different decisions on the same facts could both produce outcomes that are right.

The Law Commission promise to publish final recommendations “…in early 2014”. My sources suggest 27th February. I predict family lawyers will be very excited on that day!