Here Comes the Prenup
The popularity of prenuptial contracts appears to be soaring as the government accepts the advice of experts to make them legally binding.
At present although prenuptial agreements are highly persuasive if they are dealt with in a professional manner they are not legally binding per se.
That however is likely to change. The present grey area however means that solicitors can give advice but cannot be absolutely clear because of the present very large discretion before the Court.
Interesting cases that have recently shown how reliance upon prenuptial agreements does not always run simply was a case where a 50 year old Dutch born solicitor working in the city of London sought to rely upon his prenuptial agreement on the basis that the prenuptial they signed would not result in fairness.
Interestingly in Holland premarital agreement was signed the day before the marriage in Amsterdam. The matter was heard in England and it was decided that under English law prenuptial agreements were not binding if they would not be fair.