Pre-nups could become binding

The Privy Council is considering a dispute between a divorcing Isle of Man couple that could make pre-nups legally binding in England and Wales.

The law lords, sitting as the Privy Council, last week heard the bitterly contested dispute between millionaire, Roderick MacLeod, and his wife, Marcia.

Mr MacLeod wants the court to enforce the prenuptial agreement they agreed on their wedding day in Florida in 1994 and subsequent deed of variation signed a year before they filed for divorce. The wife claims she was put under undue pressure, did not receive independent legal advice, and that there was not proper financial disclosure. The Isle  of Man High Court found in favour of the husband.

Michael Gouriet, a family law partner at Withers LLP, says: “The Law Commission do not intend to publish a draft Bill in this area until 2012 at the earliest, so this is a great opportunity for the highest court in the land to make pre-nuptial agreements more binding and provide clarity to practitioners.”