Nuptial Agreements Debate

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Department: Ministry of Justice

Nuptial Agreements

Lord Ponsonby of Shulbrede Excerpts
Tuesday 25th April 2023

(1 year, 7 months ago)

Lords Chamber
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Lord Bellamy Portrait Lord Bellamy (Con)
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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.

Lord Ponsonby of Shulbrede Portrait Lord Ponsonby of Shulbrede (Lab)
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My Lords, most couples going through a divorce do not have their financial arrangements made by judge. Some reach settlement with the assistance of lawyers, others through mediation and arbitration. Of course, many do not have access to lawyers because of the withdrawal of legal aid. When the holistic review looks at financial provision for divorce, will that include the increase in legal aid for divorcing couples?

Lord Bellamy Portrait Lord Bellamy (Con)
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I think the answer to that question, for which I thank the noble Lord, Lord Ponsonby, is that this is not directly within the Law Commission’s terms of reference, but it is well within the review of civil legal aid upon which the Government are currently embarking.