Family Law journal: The Law Commission’s Report on Matrimonial Property, Needs and Agreements

Here we have two main policy recommendations. One is for the statutory confirmation of the abolition of the public policy rule that contracts contemplating a future (not actual) divorce are void - a change probably effected albeit obiter by the Supreme Court in Radmacher v Granatino. The second is for the introduction of ‘qualifying nuptial agreements' (to which readers may wish to refer as ‘QNAs' or ‘QNups') which will enable couples to contract out of the sharing element of financial provision but not out of making provision for their children nor for each other's financial needs.

The introduction of qualifying nuptial agreements offers the parties for the first time the certainty that their agreement cannot be interfered with by the court so long as needs are met and children adequately provided for. Qualifying nuptial agreements will be binding as regards an agreement not to share property beyond needs; the court will only have power to interfere with an...

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