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19/12/2008
Pre-nups could be 'consigned to history' |
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Senior judges have reportedly ruled that post-nuptial agreements are legally binding if a married couple have parted ways.
In a landmark judgement, a court in London has decided not to make pre-nuptial agreements enforceable in court.
The House of Lords ruled in the case of Roderick and Marcia Macleod, with the US businessman signing a post-nuptial agreement promising his wife £1 million and to provide for their offspring.
Following the collapse of the marriage, Ms McLeod demanded more but judges ruled that there were no circumstances to change the couple's post-nuptial agreement.
Pauline Fowler, who represented Mr McLeod in the landmark case, said: "It has been a useful step on the path to recognition of pre-nuptial agreements [..] but may do little more than encourage people to enter into post-nuptial rather than pre-nuptial agreements."
The Law Commission's current programme of law reform will evaluate the legal status of pre-nuptial agreements in the hope of drawing up a draft Parliamentary Bill in 2011, according to the Times. |
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