Stories relating to some of the more ludicrous, pre-nuptial agreements of the super-rich and famous have always made entertaining reading –  check out the excerpts from some agreements  below, published by My Wedding magazine – and whilst highly amusing, there are probably many husbands who would genuinely concur with the last requirement.

  • The right to perform random drug tests. Financial penalties incurred if the results were positive.
  • A claim on all frequent-flier miles should the spouse be unfaithful.
  • A bonus of  $100,000 each time the spouse was unfaithful.
  • For a husband not to watch more than one football game on Sundays during football season.
  • For a husband not to have to go on vacation with his mother-in-law.

However, joking aside, it appears Pre-Nuptial Agreements will become much more commonplace in the future, as a change in the law will mean that married couples and civil partners would be able to make a binding agreement about how their property or finances should be shared if a relationship breaks down.

Specialist family lawyer, Rod Stephenson of Headleys Solicitors agrees that, although  at first glance, this appears an unromantic proposition to put to a couple about to become one , it is a very practical solution to what in the future, could become a costly and emotionally-draining situation.

“The proposal to enshrine Pre-Nuptial Agreements in law would not only help validate the certainty of the future for parting couples, but also reduce the number of long and expensive Court battles which can often beset couples legally separating and divorcing,” he explained.

The Commission’s report follows three years of consultation and includes a draft Bill which, if enacted, would for the first time, allow couples to make legally binding agreements about the disposal of assets in the event of a marriage breaking down and resulting in divorce

proceedings.  Proposed new legislation would make “qualifying” Pre-Nuptial Agreements binding.  To qualify an Agreement made either pre or post-nuptially would be expected to meet certain criteria, for example:

There must be no fraud, undue influence or misrepresentation

  • It must be signed no less than 28 days before a wedding and contain  statements that the couple understand the agreement is a ‘qualifying nuptial agreement’ and it will partially remove the Court’s power to deal with matters as a consequence of any divorce proceedings
  • Both parties must have independent legal advice and make full and frank disclosure as to their financial position prior to signing the agreement.

Rod continued: “Although pre- and post-nuptial agreements are becoming more commonplace, the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect.  With this I think, positive change in the law, autonomy and control is in the hands of the couple as the details  have been agreed previously,  therefore the financial outcome of separation is more predictable, which has to be helpful to all concerned.”