A Supreme Court ruling this week has prompted national press speculation on the future of pre-nuptial agreements.
Dawn Chisholm, a Family Lawyer from Frettens Solicitors, explains the implications. “In English law, it has always been the case that pre-nuptial agreements may well be persuasive when a Court determines the financial issues between divorcing couples, but not legally binding. In this case, it was decided that the pre-nuptial agreement entered into by Ms Radmacher and Mr Granatino was binding.”
The Court President, Lord Phillips, said “Judges could still waive pre-nuptial agreements especially when they were unfair to youngsters”. Dawn comments “This makes it clear that the effect of a pre-nuptial agreement will be decided on a case by case basis. In some circumstances pre-nuptial agreements may well be decisive and carry compelling weight, however, in other cases they will not.”
In considering any application for Ancillary Relief (the financial aspects of divorce), the Court is duty bound to consider matters contained in Section 25 of the Matrimonial Causes Act, which states clearly that the Court, should consider all the circumstances of the case.
Following this decision, many couples will consider it prudent to enter into a pre-nuptial agreement. The Frettens Family Team offers a free, no obligation initial appointment to discuss and advise on whether a pre-nuptial agreement is right for you.