72% of British people agree prenups should be recognised

21 OCT 2010

SupremeCourtFollowing yesterday's Supreme Court decision that a prenuptial agreement is binding in the divorce of German heiress Katrin Radmacher, a survey has found that 72% of the population think that prenuptial agreements should be recognised in UK courts.

The YouGov survey of 2,099 British adults found just 16% of respondents thought that prenuptial agreements should not be recognised, while 11% weren't sure.  

Many practitioners expected the case to give guidance as to the status and effect of pre-nuptial agreements, including the weight to be attached to agreements and the expectations on lawyers and the parties in relation to them.

However some family lawyers believe that the Supreme Court has confused matters regarding the rules that need to be adhered to in an attempt to make the Radmacher prenuptial agreement binding.

John Cornwell, Senior Partner at Dawson Cornwell solicitors said: "This judgment is most unhelpful. It has not resolved any of the uncertainties surrounding the weight to be given to and enforceability of prenuptial agreements. The fact that Lady Hale has dissented makes it all the less authoritative." 

The Law Commission is due to publish its proposals in 2011 on whether a change in legislation should be made to make prenuptial agreements fully enforceable.

Family Law is pleased to announce a training event, Pre-Nuptial Agreements post-Radmacher, which will be held in London on 23 November 2010. The key speaker will be barrister Nicholas Francis, Head of Chambers at 29 Bedford Row.

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