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12 June 2008

Prenuptial agreements could become legally binding under plans being considered by the Law Commission.

The plans are part of the latest reform which will also look at the law on intestacy - inheritance when a person dies leaving no will.

Although prenuptial agreements are not legally binding judges take them into account if they have been entered into freely and include full disclosure of the assets involved.

High court judge and commission chairman Sir Terence Etherton says the issue is increasingly politicised and controversial.

"There is a recognition that the division of assets is an issue of considerable social importance and there is wide dissatisfaction with the current laws," he added.

UK law is "lagging behind" countries such as Scotland, Australia, New Zealand and Canada, Sir Terence believes.

The intestacy law could see a change in the laws which often require a house to be sold over the head of a widow or widower.

Seven issues will be considered following consultations with the public, ministers, lawyers and judges.

The commission aims to produce a draft parliamentary bill on the issues by 2012.

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