Christopher Sharp QC, St John's Chambers, Bristol and Visiting Fellow at the University of the West of England.
It is commonly said that pre-nuptial agreements are not worth the paper they are written on and that the court will guard jealously its jurisdiction to control the financial affairs of parties following divorce. While there is, or has been, some truth in this proposition, the supposed rationale is largely based upon a decision now nearly 80 years old and reached in a different era. The history, therefore, needs to be looked at to understand how we have reached the current position and whether our attitudes need a rethink.
For the full article, see August  Family Law journal.