Reviewed by: Judge Stephen Gerlis
Author: Iain Harris and Rachel Spicer
Publisher: Nova Law and Finance
ISBN: 978-1-908013-18-7
Price: £75.00

Pre-nuptial agreements have always been the Cinderella of family proceedings but with one important twist – she has yet to go to the ball.

They have been nibbling away at the edges of ancillary relief for years but have been met with a degree of judicial resistance that some have found surprising, bearing in mind that many of our fellow EEC member states have been recognising them for years as indeed has that great legal powerhouse, the USA.

This is because the courts in our jurisdiction have constantly held to the belief that the rule of the courts ought not to be subservient to an agreement reached between the parties in family proceedings.

Then along came Radmacher – or, to be fair, MacLeod followed by Radmacher.

Now the courts were prepared to give the green light to an agreement freely negotiated with the benefit of proper legal advice.

Add to this the fact that a change in the law to give proper effect to pre-nups is now under consideration, then Cinderella may make it to the ball after all.

I remember telling practitioners at a family law seminar, depressed because of forthcoming restrictions on legal aid and the increasing tendency of parties to ‘do-it-themselves’, that Radmacher could now see the opening of a whole new area of work and one which is not necessarily restricted to the super-rich.

If this is going to happen then they will need a helpful guide along the choppy waters of pre-nuptial agreements.

That guide is now here – Iain Harris’ and Rachel Spicer’s timely publication Pre-nuptial Agreements.

Harris and Spicer do not make the mistake of simply setting out precedents but put the whole subject in its proper context.

This means that there is a full discussion of the case law both before and including MacLeod and Radmacher which is also complimented by a relevant case law digest in one of the appendices.

Nor have they forgotten the need to ensure that any agreement drawn will not fail the test of enforceability – a careful analysis is provided to ensure that what the parties agree does not fall at the hurdle of the courts.

The precedents each come complete with a brief and a fully drafted agreement.

They are listed under the appropriate and intriguing titles of ‘The Young Couple’, ‘The Second Timers’, ‘The Foreign Couple’, ‘The Heiress’ and, inevitably, ‘The Businessman’.

There is little doubt that pre-nups are going to form an increasing part of the future of family finances, especially where certainty is required in an increasingly uncertain world.

Both authors of this publication are experienced family practitioners whose expertise in this emerging area will prove invaluable to those who not only want to dip their toes in the water but are also prepared for a whole new voyage of discovery.

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