Mishcon de Reya responds to Law Commission recommendations on pre-nuptial agreements

Sandra Davis reacts to the Law Commission report on pre-nupts

Sandra Davis

Head of Family Department

Mishcon de Reya

There is obviously a debate to be had as to whether we want a flexible approach to the outcome on divorce or on civil partnerships breaking down or certainty.  Each of those issues comes with its own cost.  Clearly we need to begin the debate so that we can evaluate what that cost is.  The proposal that the Law Commission makes for a written formula for guidance in how we are likely to come to an outcome on divorce or the end of a civil partnership provides simply a ballpark for people to play in but no actual rules as to how the outcome is to be achieved.  I think the other thing is whilst it is perfectly possible for there to be written guidelines and formula that doesn’t mean that there is not going to be scope for disagreement.