Pre-Nuptial Agreements: Should They Be Given Greater Weight?

English common law remains a marked outlier in the world of pre-nuptial agreements. The use of these agreements in the United States and European jurisdictions is commonplace, and whilst originally the preserve of the wealthy, they are now being contemplated by couples of more modest means. The fundamental purpose of these agreements is to achieve greater certainty over the division of their assets in the event of a marriage breakdown. The differences between English common law and most other Western countries have changed a great deal in the post-Radmacher English legal system. However, there remain some considerable gaps. This article shall seek to address those gaps and the potential issues that may arise in trying to take the ecumenical leap.