The increased weight given to pre-nups

Topical news story

Week 4

With 45% of marriages now winding up in the divorce courts, is it any wonder that couples are now choosing to swap the meringue cakes, month's worth of catering and huge price tags, for the 21st century lifestyle choice; cohabitation.

Statistics show that children are the ones that lose out, by having parents that are 'merely' in love, but without the 'necessary' squiggle to prove that they are 'genuinely committed'. Cynically, could the recent pro - pre- nuptial agreement decision be an attempt at reducing tax rise and so in turn, keeping the public sweet?

Couples are now entering into a contractual agreement before they are entering into marriage and so effectively are planning their divorce before they have even walked up the aisle. What a romantic gesture for any prospective bride or groom! Imagine, being approached by your prospective spouse; 'Darling, before I slip that ring on your finger, I want to decide how we will be dividing up our assets, if I happen to have an affair or find you are impossible to live with!'. This is the reality, of what many halves will have thrust upon them.

In the recent case of Radmacher v Granatino, the Supreme Court upheld the decision to enforce a pre - nuptial agreement despite pleas from the husband that this would be severely detrimental to his finances.
Previous to this pre- nups carried very little weight in the UK, whereas now, judges have the opportunity to discuss how finances within a family setting, should be divided. Thus, not fully basing the decision on agreements made between the parties.

It is more than likely that this has not set a binding precedent, but introduced flexibility to the area of law, allowing judges to continue this, case dependent. Cases, therefore will be judges independent of one another.
The Law Commission is set to review this area of law in 2012 and so no legislation will be drafted, if at all, until then. However, this case does demonstrate how the law on pre-nups has evolved and may lead, making the way for other cases to take the same shape and reach a similar conclusion.