Landmark legal case rules pre-nups are legally binding

You’ve written your vows, booked the wedding reception venue and invited the guests, but now there’s something else couples could be arranging before they walk down the aisle: a pre-nup.

As reported by The Independent, a legal ruling today set a precedent that means the pre-nuptial agreement has decisive power in divorce courts in England.

In America and Europe, pre-nups are legally binding contracts in which couples agree how they will divide assets if they should split. Until now, English laws have followed the convention that everything should be split equally, between husband and wife.

Today, the Supreme Court decided that pre-nups should have decisive or compelling weighting in certain cases.

Ms Radmacher, whose case set the precedent, said: “For Nicolas and I, in our homelands – France and Germany – these agreements are entirely normal and routine. We made a promise to each other that if anything went wrong between us, both of us would walk away without making financial claims on each other.”

“The promise to me was broken,” she added. “I know some people think of pre-nuptial agreements as being unromantic, but for us it was meant to be a way of proving you are marrying only for love. It was a natural part of the marriage process.”

Her solicitor explained: “This decision means pre-nups are binding as long as they are fair. Everybody hopes their marriage will last a lifetime. From today we are allowed to prepare for the possibility that it might not be the case.”