Financial Provision on Divorce

Debate between Baroness Shackleton of Belgravia and Baroness Levitt

Monday 10th November 2025 Lords Chamber

[Baroness Levitt (Lab)]

It is very difficult to resist the noble and learned Baroness, with all her experience, but I am afraid that I will have to do so.

I pay tribute to the noble Baroness, Lady Shackleton, who is greatly admired and respected, not just because of her expertise and experience. The points she raised were supported across the House by almost all noble Lords. It is frustrating that the previous Government did not give a full response to the Law Commission’s 2014 recommendations on nuptial agreements. As we are working towards our consultation, we are carefully considering this issue. It will be taken into account, to ensure that we have a consistent framework, which will be designed mainly to put children at the centre of what happens when relationships break down.

[Baroness Shackleton of Belgravia (Con)]

I am sorry to interrupt the Minister. To what extent does a prenuptial agreement influence the protection of children? We cannot legislate in a prenup any rights in relation to them. It is open to the court—every single avenue is open to the judge. Someone simply cannot contract out.