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Confusion over pre-nups 'could keep couples away from UK'
Tue 31 Aug 2010
Couples of different nationalities who live in the UK may be putting off marriage due to confusion over pre-nuptial agreements.
This is according to the Financial Times, which reported that a forthcoming review of legislation relating to pre-nups by the Law Commission has placed the issue under the spotlight.
In contrast with the US and many European countries, a pre-nuptial agreement is not legally binding in England and Wales, although it can be considered when a divorce settlement is being decided in the courts.
Professor Elizabeth Cooke, who is heading the review, said she believes a "lack of clarity" surrounding the law on pre-nups could cause international couples to defer marriage during their time in Britain.
"There is some anecdotal evidence - and it's only anecdotal - that people are putting off coming here to get married because they can't make a contract," she told the newspaper.
The Law Commission's review, which will also examine the law surrounding post-nuptial agreements, commenced in October 2009 and is due to go out for public consultation before the end of the year.
Carol Ellinas, a Partner in Winckworth Sherwood's private client department, does not necessarily agree with Professor Cooke's findings.
She commented: "I consider it highly unlikely that a couple keen to come and live and work in the UK are put off from making their future here or from getting married simply because we do not have legislation making pre-nuptial agreements binding on the courts.
"Our legal team always give advice to clients getting married that they should consider entering into pre-nuptial agreements, particularly when one party is coming to the marriage with significantly more assets than their intended spouse.
"If the marriage does not last then the courts will take the existence of an agreement into account. They are not ignored and it follows that the more professionally the agreement is drafted the more likely the courts will agree to recognise it as being binding on the couple in the event that they separate.
"We regularly advise parents whose children are getting married on the importance of prenuptial agreements especially if they intend to make a substantial gift to their son or daughter on their marriage." 
