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Define the terms of the marriage contract and legalise nuptial agreements

Submitted on Thursday 27th January 2022

Rejected on Thursday 3rd February 2022

Current status: Rejected

Rejection code: already-happening (see below for details)

Petition Action

Define the terms of the marriage contract and legalise nuptial agreements

Petition Details

Pass a simple law that states in plain English: a. What the default marriage contract is when there is no nuptial agreement; b. That pre- or post-nuptial agreements between spouses are valid under contract law. It should apply to all existing and future marriages

Additional Information

The marriage contract is the most important contract most people's lives, yet in England and Wales the terms are unknown!
Other western democracies have a clear marriage contract published on the Internet (typically, assets and debts accumulated during the marriage are owned 50/50).
A contract between spouses should be just as valid as between anyone else.
The present law discourages marriage for anyone who has any assets. The proposed law would make it a reasonable step for anyone to take.


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This petition was rejected

The Government e-Petitions Team gave the following reason:

The legal rights if spouses are already set out in law, and it's not clear what you mean by asking for the "terms of the marriage contract" to be set out.

People who have entered into prenuptial agreements can already seek to enforce these through the courts, but decisions about the legality of these agreements is a matter for the courts, not the Government or Parliament.

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