There are currently plans to change the law in Britain regarding pre-nups
. The decision as to whether they should be made legally binding or not is being considered. The current law states that they are not legally binding but they have the ability to influence the judge if they are in fact used in court.
For contracts to be upheld in court couples are required to both have testified that they received adequate legal advice before signing them. Those that are deemed fair are more likely to be taken into consideration in court.
Information about the aims of the new law will be made available towards the end of the summer when the outcome of the case of Katrin Radmacher, a wealthy German heiress, is decided. Ms Radmacher and her estranged husband Mr Granatino both signed a pre- nup stating that they would not attempt to make any claims should they split up. Mr Granatino is now attempting to claim against her.
Originally the high court awarded him with 6 million pounds although it was later overturned on appeal. A decision from the Supreme Court is expected before the end of summer.
A final report will then be given along with a draft bill which will be looked over by the government. Around three quarters of law commission recommendations go on to become laws.
Not long ago pre-nups were thought of as a very America tradition and not looked upon in a favourable way by the British public. Recently, however, there has been a large increase in the amount of pre-nups being arranged.
Lawyers typically advise that when a pre-nup is created fairly it is more likely to be enforced by the courts. Presently the uncertainty as to whether they are enforceable legally is causing chaos and confusion to many people.