Get ready for the age of a pre-nup

Pre nuptial agreements could soon become an integral part of marriage following a landmark ruling by the Supreme Court. Sarah Perkins explains why these seemingly unromantic documents are now becoming more popular.

If we ignore the romantic elements of relationships for a moment - difficult though that may be - then pre-nuptial agreements are perfectly straightforward and sensible contracts.

They simple set out in advance what should happen if the marriage ends in divorce. They can cover a wide range of topics but mostly they describe how the couple's money should be divided if the worst came to the worst.

Until now, many couples have shield away from drawing up a pre-nup because they weren't always legally enforceable in the UK, unlike other countries such as United States.

British courts could take them into account but the judge wasn't bound by them. However, the ruling by the Supreme Court in the case of the wealthy heiress Katrin Radmacher has put pre-nups on a much firmer footing.

Ms Radmacher and her former husband Nicolas Granatino had drawn up a pre-nup which said that if they divorced, then neither would make a claim on the other's wealth.

However, when the couple separated, Mr Granatino tried to get the courts to disregard the agreement and award him a share of his former wife's fortune. The Supreme Court ruled against him and in doing so, made it clear that courts should uphold pre-nups unless there were reasons for not doing so.

Such reasons could include cases where the husband or wife deliberately withheld information about their wealth when the pre-nup was being drafted.

Otherwise, however, as long as the pre-nups are fair and properly drawn up then they are likely to be enforced from now on.

It's an important ruling, not just for wealthy couples, but also for thousands of people who may not consider themselves wealthy but who still have interests they need to protect.

An obvious example would be people who are marrying for a second time. They may be in their forties or fifties and have built up successful businesses or substantial savings.

They may also have children and feel the need to protect their inheritance. A pre-nup agreement can prevent any difficulties occurring if the marriage doesn't work out.

Younger couples can also benefit, especially if one is much wealthier than the other.

Some couples have been holding off making a pre-nup because they wanted to see the outcome of the Radmacher case. Now they know that pre-nups are likely to be enforced, they are coming forward with more confidence.

Pre-nups may never be acceptable to the incurable romantics among us, but for those who temper romance with a streak or realism, they can provide a sense of security and peace of mind.

Indeed, most couples who draw up pre-nups say it strengthens their relationship to know that they have been adult enough to discuss such matters and face them openly.

Then they can relax and enjoy a happy marriage in which, hopefully, the pre-nup will never be needed.

For more information or to draw up a pre-nup please contact Sarah Perkins on 0115 988 6718 or email sperkins@andersonssolicitors.co.uk