A leading Warwickshire law firm has called for UK divorce law to be brought up to date following a landmark ruling.
Peter Lowe, a partner at Wright Hassall, based on Olympus Avenue, Leamington, has called for prenuptial agreements to be binding under UK law.
Currently, prenuptial agreements, which are contracts signed to decide how a marital estate would be divided in the event of a marriage breaking down, are not enforceable in this country.
However they are often implemented in other parts of the EU, as well as the USA, and a recent landmark ruling by senior judges could see the UK fall in line with these other countries.
Lowe, who heads up the private client team at Wright Hassall, called for change after the case in which a prenuptial agreement between a German heiress and her banker husband was upheld in the UK Court of Appeal.
Lowe said: “The law on prenuptial agreements dates back to 1973 which was a very different world.
“I would support the court’s view that the current legislation reflects the laws and morals of earlier generations.
“It would be much more respectful, when dealing with the breakup of a marriage, to take into account an agreement entered into by civilised adults before things took a turn for the worst.”
Lowe said the recent case indicated that change may already be on the horizon and that a change in the law would bring the country up to date and could prevent other complications.
“This is the third such ruling on the matter of prenuptial agreements since 2007 and it shows that judges are sending out the message that they will not ignore pre-marriage agreements between consenting adults when matters of divorce arise,” he said.
“As long as the agreements are entered into openly and without pressure, and rulings are made at the court’s discretion, prenuptial agreements could solve many issues surrounding divorce more efficiently.”
