Thursday, 2 July 2009

Query?

When did prenups become uneforceable in England? These were well-recognised documents in the nineteenth century?

4 comments:

polly said...

Well there's been a lot of legislation since then tha' knows. I don't know which bit specifically excluded them,withough looking it up, I suspect it was cumulative.

NB I don't know what exactly you're referring to but you can still settle property in trusts etc, you just can't have a legally binding agreement as to how property is divided. The reasoning being that the stronger/richer/better informed party would be at an advantage and could effectively coerce/trick someone into signing their rights away.

polly said...

Also they can be used as guidance to the distribution of property, but they're not binding

Feminist Avatar said...

If you click on the link which for some reason isn't highlighted but is the first sentence- it refers to a bbc news thingy that says that a prenup has been enforced in England for the 'first time'. Which I am reasonably dubious about- you're probably right that later legislation probably says you can't sign away your marital property rights, as that is quite common in modern legislation.

polly said...

I think that's more case law though. Division of property is done largely according to the Matrimonial causes act.

http://www.terry.co.uk/mprop.html

(I know bugger all about family law, just dimly remember stuff about property division).