The Law Commission has now published its consultation paper on prenuptial agreements. It runs to some 139 pages and requires further consideration. However, it sets out provisional proposals and consultation questions on which the Law Commission are inviting the views of consultees. In short, they conclude:-

• It should be a requirement that they be made in writing and signed by the parties.
• There must be material full and frank disclosure of each party’s financial position.
• The parties should have legal advice.
• Any such agreement would not be enforceable if it fails to provide for the needs of any children.

Once the Law Commission have consulted further, we will update you accordingly.