Pre-Nuptial Agreements: For Better or For Worse?

Robert H George Lecturer in Law Jesus College University of Oxford
Peter G Harris Research Associate Oxford Centre for Family Law and Policy DSPSW University of Oxford
Jonathan Herring Fellow and Tutor in Law Exeter College University of Oxford

In Radmacher v Granatino [2009] EWCA Civ 649 [2009] 2 FLR (forthcoming) the Court of Appeal nodded approvingly towards proposals put forward by Resolution (the family law solicitors' group) for giving greater recognition to agreements made by couples before their wedding or civil partnership about how property and future income should be distributed in the event of a divorce or dissolution (see Thorpe LJ at para [27] Rix LJ at para [83] and Wilson LJ at para [122](v)). In its report A More Certain Future: Recognition of Pre-Marital Agreements in England and Wales Resolution proposed that s 25 of the Matrimonial Causes Act 1973 (MCA 1973) be amended by adding a direction to the court to have regard to:

'... any agreement entered into between the parties to the marriage in contemplation of or after the marriage for the purpose of regulating...

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