Hayley Trim's Analysis: Safeguards and needs in marital agreements – where are we now?

The Law Commission’s recommendations on marital agreements are going to be pushed back as their remit has been expanded to take into account the treatment of needs and inherited wealth in financial proceedings (final report expected 2013). A couple of recent cases have highlighted to me that perhaps statutory guidance on nuptial agreements is needed sooner rather than later despite the relatively small proportion of divorcing couples affected.

One thing that struck me was the differing approach to the need for safeguards – in particular independent legal advice and disclosure. While the presence of such safeguards makes it more likely a pre-nup will be upheld the absence of them does not necessarily exclude this as Radmacher (Formerly Granatino) v Granatino [2010] UKSC 42 [2010] 2 FLR 1900 clearly showed. There the husband was a commercially savvy individual and the Supreme Court considered he knew what he was signing up to. He was awarded a...

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