Pre-nup deals could be given legal status

• Package is likely to recommend a shake-up of the divorce laws
• Proposals also likely to include rules to combat 'gold-diggers'

A'pre-nup' law that allows a couple to set the terms of a divorce even before they get married is to go before ministers later this month.

The 'Matrimonial Property Needs and Agreements' proposals, drawn up by the Law Commission after more than four years of wrangling, will outline a new law 'to consider the treatment of pre-nuptial, post-nuptial and separation agreements'.  It will suggest new rules on how one marriage partner should meet the genuine financial needs of the other after divorce.

The package is also likely to include rules to combat 'gold-diggers', meaning that a bride or groom who brought their own assets into a marriage - such as a family-owned company or an inherited fortune - would not lose them in the event of divorce.

However, there is little likelihood of any change in the law before next year's general election.

Courts in England and Wales have traditionally ignored pre-nup agreements, with judges instead trying to divide a couple's assets on the merits of each case.

But the longstanding practice was undermined by the Radmacher ruling in the Supreme Court in 2010, when judges ruled that German heiress Katrin Radmacher should keep her £100million fortune after her divorce in accordance with the terms of her pre-nup.

Here at Hopkins Law we have helped many couples draw up pre-nup agreements - if you're lucky enough to have assets before you get married, give us a ring and have a chat!

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