Til Prenup Do Us Part?

If you have ever watched a British courtroom drama and thought, “Wow, divorce settlements seem like a civilised cup of tea,” you would be very wrong, unless your tea is served with a shot of unpredictability and a biscuit of legal chaos.

In England and Wales , financial settlements during divorce can feel like playing Monopoly while the rules change every time someone lands on Mayfair. And now, in 2025, the powers might finally be ready to fix it or at least make it a little less… bonkers.

The Great Prenup Debate

It all kicked off earlier this year when the House of Lords had a proper chinwag about prenuptial agreements – those legal documents that say “what’s mine is mine” before the wedding cake even hits the reception table.

Baroness Deech – think of her as the legal system’s fairy godmother with a sharp legal mind and no patience for fuzziness, stood up and essentially said, “This whole divorce money thing is a mess.” Her main gripe? That current financial outcomes in divorce are so unpredictable, they might actually breach the rule of law.

What’s the Problem, Exactly?

In England and Wales, prenups currently are not  legally binding. They are sort of like a polite suggestion. The judge can consider them, but they do not  have to. So even if you and your soon-to-be-ex agreed that the house, the car, and the Labradoodle would go to one of you, the court could dismiss all of it. That is not ideal when thousands of pounds (and many Labradoodles) are at stake.

This has led to endless litigation, endless stress, and probably more than a few passive-aggressive WhatsApp messages.

The Winds of Change

Enter the Law Commission, which released a “scoping paper” (translation: a legal mood board) back on 18 December 2024. https://lawcom.gov.uk/news/law-commission-publishes-scoping-report-on-financial-remedies-on-divorce

It’s not legislation yet, but it’s a signal: the government might finally bring some clarity and consistency to how divorce finances are handled. Think less legal roulette, more legal IKEA instructions (complicated, but at least consistent!).

Why Should You Care?

Because marriage is a legal contract, and breaking that contract should not  feel like trying to escape from a labyrinth built by emotionally exhausted lawyers. If prenups become more enforceable – and if we move towards a clearer formula for financial settlements – people might actually understand what happens if things go south.

In Summary

England and Wales might finally stop treating prenups like awkward relationship premonitions and start treating them like real legal tools. And divorce? It might become slightly less dramatic – though sadly, probably still more complicated than assembling a flat-pack wardrobe without instructions.

One thing’s for sure: if this reform passes, future divorce lawyers might have to find new ways to keep things interesting. Maybe competitive mediation? Laser tag-based arbitration? Only time will tell!