Nuptial Agreements

Lord St John of Bletso Excerpts
Tuesday 25th April 2023

(1 year, 7 months ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Bellamy Portrait Lord Bellamy (Con)
- View Speech - Hansard - - - Excerpts

My Lords, it is not a straight- forward issue; even the Law Commission’s report of 2014 made it clear that there had to be quite a number of exceptions in relation to financial need before one could legislate. As I say, the Government prefer to proceed on a broad front rather than deal with this issue specifically.

Lord St John of Bletso Portrait Lord St John of Bletso (CB)
- View Speech - Hansard - -

My Lords, I have practised as a divorce lawyer in South Africa, where the prenuptial agreement is respected, and it should not be seen purely as a protection for high net worth individuals. Why is there so much resistance to respecting and introducing a prenuptial agreement?

Lord Bellamy Portrait Lord Bellamy (Con)
- View Speech - Hansard - - - Excerpts

My Lords, the Government have confidence in the courts to apply the general law, which is that prenups should in general be respected unless it is unfair to do so. That is not far off what the Law Commission recommended in 2014.