Pre –nuptial agreements are not just for the wealthy. They are just as relevant and useful to anyone who is thinking of getting married so it is not surprising that family solicitors across the country are seeing a growing number of couples signing pre-nuptial agreements as a way of minimising uncertainty in the event of divorce.

Despite the historic Supreme Court judgement in the case of Radmacher v Granatino (October 2010), where the court set out certain criteria that needed to be met in order for a pre-nuptial agreement to be considered decisive in determining the financial division on divorce, pre- nuptial agreements are still not actually binding under English law.

The Law Commission has now published its consultation on the future of pre-nuptial agreements. The paper considers the arguments for and against reform and examines how a new approach might balance the desire of some couples to plot their own future with certainty against the need for safeguards against exploitation and the creation of hardship.

There is clearly a need for more certainty in this area of law and the Law Commission’s consultation paper is the first step in that process.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.