Prenuptial agreements have always been in the background of many family proceedings. On many occasions the judiciary have resisted them. This, bearing in mind that our fellow EU member states have been recognising them for years.
Our Courts have always held the view that they should not be subservient to an agreement reached between the parties in family proceedings. However, then came Macleod, followed by the much famous case of Radmacher.
Now the Courts appear to recognise an agreement freely negotiated between parties, with the benefit of independent legal advice. A change in the law to give proper recognition to prenuptial agreements is currently being considered. This is a huge development in the area of family law.
Prenuptial agreements require very careful drafting otherwise they may fail the enforceability test. It is believed that prenuptial agreements are going to form the future of many family finances.