Lord St John of Bletso
Main Page: Lord St John of Bletso (Crossbench - Excepted Hereditary)Department Debates - View all Lord St John of Bletso's debates with the Ministry of Justice
(1 year, 4 months ago)
Lords ChamberMy 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.
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?
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.