Pre-nuptial agreements on the up, say divorce lawyers

A feature article by aregan, Apr 10, 2008         

Pre-nuptial agreements (or Pre-nups), which are not legally binding in the UK courts, have been the subject of considerable controversy; but recently got the stamp of approval from a Court of Appeal judge who suggested that it may be time to make them legally binding.

Recently, a multi-million pound divorce battle was due to rule on the validity of a pre-nuptial agreement but the case settled instead with Susan Crossley dropping her claim on her husband’s £45 million fortune.

Crossley and property developer Stuart Crossley had married in January 2006 after signing a pre-nup. When they separated, she claimed that the contract was invalid as he had failed to tell her of ‘tens of millions’ more in offshore accounts.

Divorce lawyers had been awaiting the court outcome as it would have clarified the position of pre-nups following the earlier hearing last December when Lord Justice Thorpe described her case as a paradigm case for pre-nups.

He said at the time: “If ever there was to be a paradigm case in which the courts will look to the pre-nuptial agreements as not simply one of the peripheral factors of the case but a number of magnetic importance it seems to me that this is such a case.”

One divorce lawyer is predicting that the case will further the pressure for pre-nuptials to have legal standing. They are recognised in other parts of Europe, which adds to the growing calls for a change in the law in England.

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