Pre Nups in 2025

The Divorce Dissolution and Separation Act brought in the concept of “no fault” divorces.

Couples no longer apportion blame for the breakdown.

The area of conflict remaining relates to money and children. It is 10 years since the Law
Commission recommended that pre and post nuptial agreements should be binding, but they
are still only persuasive on divorce judges. The family justice system is close to breaking point
with appalling delays and inadequately retained staff, many of whom are not up to the job and
sometimes do not even speak sufficiently good English.

With the other problems facing the country family justice will not be a high priority, but at
some point the government must grasp the nettle and address deficiencies which cause misery
and hardship to millions.

January 2025

Rodney Hylton-Potts