Prenuptial Agreements

The most significant development since the publication of the first edition of this book in April 2008 has been the Supreme Court decision in Radmacher, which held that “the court should give effect to a nuptial agreement that is entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.” This book, intended for the practitioner, examines the prenuptial agreement, its origins, purposes, enforceability and future uses.

It includes a digest of all the key authorities in this field, with in-depth analysis of the relevant case law. It also provides advice as to best practice and gives guidance on the appropriate form for prenuptial agreements with reference to a series of precedents that describe commonly encountered scenarios. Most importantly this new edition offers the most comprehensive study of the law relating to prenuptial agreements post-Radmacher and also includes the complete text of the Supreme Court ruling.

With case law now allowing pre-nuptial agreements, this timely book provides an excellent and authoritative guide to the law and drafting of these agreements.

Contents include:-

• Table of cases
• Table of statutes
• Case Digest (1929 - present)
• Chapter 1 Introduction to the prenuptial agreements
• Chapter 2 Analysis of Case Law prior to Macleod and Radmacher
• Chapter 3 Analysis of Macleod and Radmacher
• Chapter 4 Trying to Make a Prenuptial Agreement Enforceable
• Chapter 5 Drafting the Prenuptial– Achieving Enforceability
• Chapter 6 Precedents
• App A Post Script to Charman
• App B “Supporting Families” Consultation Paper and the Response of the Judges of the Family Division
• App C The Radmacher judgement

About the Authors

Iain Harris has been as a solicitor since 1977 with a significant part of his practice being concerned with matrimonial matters in particular prenuptial agreements and financial relief. He has sat regularly as a deputy district judge on the South East circuit since his appointment in 1998. Rachel Spicer is a barrister at 1 Hare Court. She specialises in all aspects of family finance including financial provision on divorce and child support. She is a member of the Family Law Bar Association.

“The subject of this book is …of the greatest topicality and interest for all of us who practise, in one way or another, in the field of family law. Having read it in proof, I am resolved to use it myself; and hope that you who have been kind enough to read this foreword may find it helpful to do likewise.” Lord Justice Wilson, Foreword