Since the engagement of Prince William and Catherine Middleton people have been asking the question "will they or won't they get a pre nuptial agreement." I was recently interviewed by Entertainment Tonight about this and it seems the Americans are very interested in this topic. Pre nuptial agreements are not common in England and Wales precisely due to the fact that there is still no cast iron guarantee that the same agreement parties enter into prior to marriage would be held to be binding in the courts upon divorce. Some commentators believe that England is lagging behind America and the rest of Europe as pre nuptial agreements are common and binding in America and most countries in Europe. Is it as a country we are uncomfortable with the idea that someone would enter into a contract dealing with and in anticipation of the breakdown of marriage? Some people argue that a pre nuptial agreement goes against the idea of marriage. However, given the government's efforts to reduce acrimony and litigation in divorces would this not be the best solution? Due to the highly publicised case of Radmacher which upheld a pre nuptial agreement, it is clear that although pre nuptial agreements do not currently provide a cast iron guarantee it is clear that when drafted and reviewed appropriately they will be persuasive. In my opinion, given the traditional values held by the royal family it is unlikely they will have considered the breakdown of the marriage between Prince William and Catherine Middleton and therefore it is unlikely they will have entered into a pre nuptial agreement. It is clear that the validity of pre nuptial agreements will need to be determined in more definitive terms by Parliament to deal with the evolving nature of family law.
