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published by Guardian

Prenuptial deals could be made legally binding

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Digital image content © 1997-2007 Hemera Technologies Inc., a wholly owned subsidiary of Jupiter Images Corporation. All Rights ReservedPrenuptial agreements could become legally binding in England and Wales within a few years, under plans being considered by the Law Commission reports the Guardian. The plans will form part of the commission's latest programme of law reform, unveiled today, which will also consider whether the law on intestacy - inheritance when a person dies leaving no will - should be altered.

"Prenups" are not, at the moment, binding, though judges take them into account if they have been freely entered into and include full disclosure of the assets involved.

Sir Terence Etherton, a high court judge and the commission's chairman, said: "There is a recognition that the division of assets is an issue of considerable social importance, and there is wide dissatisfaction with the current law.

"But we recognise that the issue is increasingly politicised and controversial," he added.

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