Written question asked by Ashok Kumar (Labour) on Monday, 13 December 2004, in the House of Commons. It was due for an answer on Monday, 20 December 2004. It was answered by David Lammy (Labour) on Monday, 20 December 2004 on behalf of the Department for Constitutional Affairs.

Dept for Constitutional Affairs

Question: To ask the Parliamentary Secretary, Department for Constitutional Affairs, whether he plans to make prenuptial agreements legally binding except where upholding an agreement would cause significant injustice.

Answer: Dr. Kumar: To ask the Parliamentary Secretary, Department for Constitutional Affairs whether he plans to make prenuptial agreements legally binding except where upholding an agreement would cause significant injustice. [205464] Mr. Lammy: At present, couples are free to enter into pre-nuptial agreements, and abide by their terms on divorce, if they wish to do so. The courts can consider the terms of such agreements when exercising their discretion regarding the division of property on divorce. The Government believes that there would be difficulties in tying people into agreements made years before a divorce. The Government also believes that binding agreements would carry a significant risk of unfairness to either party in the event of a change in financial or other circumstances during the course of the marriage. The Government, therefore, have no plans to legislate to make pre-nuptial agreements legally binding.

Secondary information