Since the engagement of Prince William and Kate Middleton people have been asking the question “will they or won't they get a Pre-Nuptial Agreement?"
I was recently interviewed by Entertainment Tonight about this as it seems many people in the U.S are very interested in this topic.
Prenuptial agreements or "Prenups" as they are called in America, are common across the U.S. and Europe but not in England & Wales. This is due to the fact that there is still no cast iron guarantee that agreements entered into before marriage, would be held as binding in the Courts when people get divorced.
It's fair to say that England is lagging behind America and the rest of Europe as prenuptial agreements are common and binding in America and most countries in Europe.
Is it because we are uncomfortable with the idea that someone would enter into a contract dealing with and in anticipation of the breakdown of marriage? Some people argue that a prenuptial agreement goes against the idea of marriage. However, given the government's efforts to reduce acrimony and litigation in divorces would this not be the best solution?
Due to the highly publicised case of Radmacher which upheld a prenuptial agreement, it's clear that although prenuptial agreements do not currently provide a cast iron guarantee, it is clear that when drafted and reviewed appropriately they will be persuasive.
In my opinion, given the traditional values held by the Royal Family, it's unlikely they will have considered the breakdown of the marriage between William and Kate; and therefore it's unlikely they will have entered into a prenuptial agreement.
It is clear that the validity of prenuptial agreements will need to be determined in more definitive terms by Parliament to deal with the evolving nature of family law.
Louise Liu is a Family & Divorce Solicitor at Slater and Gordon Lawyers in London.
For a free initial consultation about Prenuptial Agreements or a family law issue, call our Family Solicitors on freephone 0800 916 9055 or contact us online and we'll be happy to help you.